M/S. Sakuma Exports Ltd vs Sri. S. H. Prakash
2023 Latest Caselaw 5118 Kant

                                                  -1-
                                                        NC: 2023:KHC:26697
                                                           RFA No. 1426 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF AUGUST, 2023

                                              BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                            REGULAR FIRST APPEAL NO. 1426 OF 2023


                   Between:

                   1.    M/s. Sakuma Exports Ltd.,
                         Aurus Chambers, A-301,
                         Near Mahindra Tower,
                         S.S.Amrutwar Lane,
                         Worli, Mumbai-400013
                         Maharashtra,
                         Represented herein by its
                         Authorised Representative

                         Previously at No.17, Chemox House,
                         7, Barrack Road, Bombay Hospital Lane,
                         New Marine Lines, Mumbai-20

Digitally signed   2.    Sri. Saurabh Malhotra
by SRIDEVI S             Aged about 43 years,
Location: HIGH           Aurus Chambers, A-301,
COURT OF
KARNATAKA                Near Mahindra Tower,
                         S.S. Amrutwar Lane,
                         Worli, Mumbai-400013
                         Maharashtra

                   3.    Sri. Ashok Kumar Doda
                         Aged about 72 years,
                         Aurus Chambers, A-301,
                         Near Mahindra Tower,
                         S.S. Amrutwar Lane,
                         Worli, Mumbai-400013
                         Maharashtra
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                                     NC: 2023:KHC:26697
                                        RFA No. 1426 of 2023




4.   Sri. Radheshyam
     Aged about 75 years,
     Aurus Chambers, A-301,
     Near Mahindra Tower,
     S.S. Amrutwar Lane,
     Worli, Mumbai-400013
     Maharashtra

5.   Ms. Shipra Medinatta/Malhotra
     Aged about 46 years,
     Aurus Chambers, A-301,
     Near Mahindra Tower,
     S.S. Amrutwar Lane,
     Worli, Mumbai-400013
     Maharashtra
                                                  ...Appellants
(By Annapoorna S., Advocate)

And:

Sri. S.H.Prakash
S/o. Hanumanthappa,
Aged about 50 years,
Proprietor, M/s Maruti Traders,
Shimoga Road,
Harihar-577601
Davanagere District,
Karnataka.
                                                 ...Respondent

       This RFA filed under section 96 of CPC, against the
judgment and decree dated 11.04.2023 passed          in Misc.
Petition No. 09/2019 on the file of the Senior Civil Judge and
JMFC, Harihara, dismissing the application filed under Order 9
Rule 13 of CPC.


       This RFA, coming on for orders, this day, the court
delivered the following:
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                                      NC: 2023:KHC:26697
                                          RFA No. 1426 of 2023




                         JUDGMENT

Office has raised objection regarding maintainability of

the appeal under section 96 CPC where the trial court passed

the order under Order 9 Rule 13 CPC. Learned counsel for the

appellants files memo seeking permission to convert the

regular appeal into miscellaneous appeal. Memo is placed on

record. Learned counsel for the appellants is permitted to

convert the appeal under section 96 CPC into miscellaneous

appeal. For statistical purposes, this appeal is disposed of.

Office to assign fresh number and place it before the roster

bench.

Sd/-

JUDGE

SD