M/S Carmatec It Solutions Pvt Ltd vs M/S Punarvasu Systems
2023 Latest Caselaw 5646 Kant

                                               -1-
                                                            NC: 2023:KHC:28969
                                                        RFA No. 1616 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 16TH DAY OF AUGUST, 2023

                                            BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                    REGULAR FIRST APPEAL NO. 1616 OF 2023 (MON)
                   BETWEEN:

                   1.   M/S CARMATEC IT SOLUTIONS PVT LTD
                        HAVING ITS OFFICE AT NO.27
                        AMBALIPURA, BELLANDUR GATE,
                        OFF SARJAPUR MAIN ROAD,
                        BANGALROE-560103

                        ALSO AT: LEVEL 8, CESSNA BUSINESS PARK,
                        TOWER 1, UMIYA BUSINESS BAY,
                        KADUBEESANAHALLI, BANGALORE-560037

                   2.   AROMAL POOZHIKKATTU RAJAGOPAL
                        MANAGING DIRECTOR,
                        RESIDING AT NUMBER 2A-601,
                        AKME HARMONY, AMBALIPURA VILLAGE,
Digitally signed        BELLANDUR ROAD, SARJAPUR SINGAL,
by CHANDANA             BANGALORE SOUTH, 560103
BM
Location: High     3.   INDU AROMAL, DIRECTOR,
Court of                RESIDING AT NUMBER 2A-601,
Karnataka               AKME HARMONY, AMBALIPURA VILLAGE,
                        BELLANDUR ROAD, SARJAPUR SINGAL,
                        BANGALORE SOUTH, 560103
                                                                  ...APPELLANTS
                   (BY SRI. SUNIL PAUL, ADVOCATE)

                   AND:
                   M/S PUNARVASU SYSTEMS
                   REPRESENTED BY ITS SOLE PROPRIETOR
                   MR. DINESH KANALE,
                   HAVING OFFICE AT NO.823,
                                    -2-
                                                 NC: 2023:KHC:28969
                                              RFA No. 1616 of 2023




9TH MAIN, 4TH CROSS,
HAMPINAGARA,RPC LAYOUT,
VIJAYANAGARA, BANGALORE-560104
                                                      ...RESPONDENT
      THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF
CPC., AGAINST THE JUDGEMENT AND DECREE DATED 9.06.2023
PASSED IN COM.OS NO.1625/2022 ON THE FILE OF LXXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85
COMMERCIAL COURT), BENGALURU PARTLY DECREEING THE SUIT
FOR RECOVERY OF MONEY.

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

The office has raised objection regarding maintainability.

2. Learned counsel for the appellants have filed a

memo seeking conversion of this Regular First Appeal (RFA)

into a Commercial Appeal (Com.AP).

3. The memo is placed on record.

4. Appellant's counsel is permitted to convert this

Regular First Appeal (RFA) into a Commercial Appeal (Com.AP).

5. Office to assign a new number and place it before

the appropriate Bench having roster.

6. For Statistical purpose, the Regular First Appeal is

disposed of.

Sd/-

JUDGE