Sri Gajanana Motor Transport ... vs Sujay Suspension Products
2023 Latest Caselaw 5569 Kant

                                                -1-
                                                             NC: 2023:KHC:28754
                                                           RFA No. 1117 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 14TH DAY OF AUGUST, 2023
                                              BEFORE
                              THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 1117 OF 2023 (MON)
                      BETWEEN:

                      SRI GAJANANA MOTOR TRANSPORT
                      COMPANY LTD.,
                      B.H. ROAD, SAGAR TOWN,
                      SHIVAMOGGA DISTRICT.
                      BY ITS MANAGING DIRECTOR,
                      S. SACHIDANANDA CHATRA,
                      PIN - 577 401.
                                                                   ...APPELLANT
                      (BY SRI. M. E. NAGESH, ADVOCATE)

                      AND:

                      SUJAY SUSPENSION PRODUCTS,
                      PLOT NO.27, KIADB INDUSTRIAL AREA,
                      MANDLI - KALLURU,
                      SHIVAMOGGA,
                      A PARTNERSHIP FIRM
Digitally signed by
C SOWMYA              REPRESENTED BY PARTNER
Location: High
Court of Karnataka    SMT. SHUBHA NAVEEN,
                      AGED ABOUT 45 YEARS,
                      W/O NAVEEN G. P.,
                                                                 ...RESPONDENT

                           THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
                      96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT
                      AND     DECREE     DATED:31.01.2023      PASSED     IN
                      COM.OS.NO.61/2020 ON THE FILE OF I ADDITIONAL DISTRICT
                      JUDGE C/C III ADDITIONAL DISTRICT JUDGE SHIVAMOGGA
                      PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
                              -2-
                                           NC: 2023:KHC:28754
                                         RFA No. 1117 of 2023




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Office has raised objection regarding

maintainability of the appeal.

2. Learned counsel for the appellant has already

filed memo seeks permission of this Court to convert the

regular first appeal into commercial appeal.

3. The memo and submission of learned counsel

for the appellant is placed on record.

4. Learned counsel for the appellant is permitted

to convert the present regular first appeal under Section

96 read with Order 41 Rule 1 of CPC into commercial

appeal under Section 13(i) of Commercial Courts Act.

Accordingly, the present appeal is disposed of for

statistical purpose.

Registry is directed to assign the new number and

place before the appropriate Bench.

NC: 2023:KHC:28754 RFA No. 1117 of 2023

In view of the dismissal of the main appeal,

I.A.No.1/2023 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

SMC

CT:PH