Bank Of Baroda Branch Konnur vs M/S Sairam Enterprises By Its Pro
2023 Latest Caselaw 5412 Kant

                                                        -1-
                                                               NC: 2023:KHC-D:8491
                                                                 RFA No. 100096 of 2023




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 8TH DAY OF AUGUST, 2023

                                                      BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                               REGULAR FIRST APPEAL NO. 100096 OF 2023 (MON)
                          BETWEEN:
                                BANK OF BARODA BRANCH KONNUR
                                HAVING ITS HEAD OFFICE SITUATED
                                AT BARODA BHAVAN, R.C.DUTT ROAD,
                                ALKAPURI, BARODA 390007,
                                AMONGST VARIOUS BRANCHES ONE OF
                                ITS BRANCH AT KONNUR,
                                REP. BY PRINCIPAL OFFICER AND PA HOLDER
                                AND BRANCH MANAGER,
                                ABHIMANYU S/O ARJUN HULBIKAR,
                                AGE: 32 YEARS, KONNUR BRANCH,
                                R/O: KONNUR-582206.
                                TQ: NARAGUND, DIST: GADAG.
                                                                            ...APPELLANT
                          (BY SRI. MALLLIKARJUN S HIREMATH, ADVOCATE)
                          AND:
                          1.    M/S. SAIRAM ENTERPRISES BY ITS PRO.,
                                SANGAMESH SHRIKANT KANTHI,
            Digitally
                                AGE: 40 YEARS, OCC: BUSINESS,
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT
                                R/O: KEMPAGASI ONI,
M BHAT      Date:
            2023.08.10
            10:43:38 -
                                NARAGUND-582207,
            0700
                                DIST: GADAG.
                          2.    SMT. KEERTHI W/O SANGAMESH KANTHI
                                AGE: 36 YEARS, OCC: TEACHER,
                                R/O. KEMPAGASI ONI,
                                NARAGUND-582207,
                                DIST: GADAG.
                                                                          ...RESPONDENTS
                                THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO
                          ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE
                          DATED 01.12.2022 PASSED BY THE COURT OF ADDITIONAL
                          DISTRICT AND SESSIONS JUDGE, GADAG IN COM.OS.NO.08/2022
                          AND REMAND THE MATTER BACK TO TRIAL AND DISPOSE OFF THE
                          SUIT ON MERITS.
                              -2-
                                    NC: 2023:KHC-D:8491
                                      RFA No. 100096 of 2023




     THIS APPEAL, COMING ON ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:

                         JUDGMENT

The learned counsel for the appellant files a memo

for converting the first appeal in to Commercial Appeal.

Memo is accepted. The appellant is permitted to

convert this appeal into Commercial Appeal.

For statistical purpose, this RFA stands disposed of.

After conversion, Registry to assign new numbers.

Pending IAs. if any do not survive for consideration.

Sd/-

JUDGE

VMB