M/S Shah Steels vs M/S Saravana Alloy Steels Pvt Ltd
2023 Latest Caselaw 10172 Kant

Karnataka High Court

M/S Shah Steels vs M/S Saravana Alloy Steels Pvt Ltd on 11 December, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                             -1-
                                                      NC: 2023:KHC:45039-DB
                                                       RFA No. 1369 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                         PRESENT
                      THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                                              AND
                THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                    REGULAR FIRST APPEAL NO. 1369 OF 2019 (MON)

               BETWEEN:
Digitally signed
by YASHODHA N
Location: HIGH M/S. SHAH STEELS
COURT OF         A PARTNERSHIP FIRM
KARNATAKA        NO.11, 6TH CROSS
               S. SIDDAIAH ROAD
               BENGALORE 560 027
               REPRESENTED BY ITS PARTNERS
               1. N.K. KHAN
               2. MRS. MUSARATH NAVEED
               3. SHAHABAZ NASAR KHAN
               4. MIRAL RABIA                                     ...APPELLANT

                (BY SHRI. UDITA RAMESH AND
                    SMT. PARAVATHY NAIR, ADVOCATE - [ABSENT])

               AND:

               M/S. SARAVANA ALLOY STEELS PVT LTD.,
               A COMPANY INCORPORATED UNDER
               THE COMPANIES ACT, 1956
               HAVING ITS REGISTERED OFFICE
               AT NO.21/D, INDUSTRIAL SUBURB
               2ND STAGE, TUMKUR ROAD
               YESHWANTHPURA
               BENGALURU-560 022
               REPRESENTED BY ITS DIRECTOR
               SRI. N. SARAVANA                                 ...RESPONDENT

               (BY SHRI. THEJESH, ADVOCATE FOR
                  SHRI. SHANMUKHAPPA, ADVOCATE FOR C/R)
                                  -2-
                                            NC: 2023:KHC:45039-DB
                                             RFA No. 1369 of 2019




     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF
THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.03.2019
PASSED IN O.S.NO.26668/2010 ON THE FILE OF THE XXVI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU,
DECREEING THE SUIT FOR RECOVERY OF MONEY.

     THIS   RFA, COMING     ON    FOR   ORDERS,          THIS   DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:


                              JUDGMENT

On 03.11.2023, it was submitted by Shri S.Srivatsa,

learned Senior advocate for the appellant that appellant's

grievance is only with regard to interest awarded by the trial

court and the appellant is prepared to pay decreetal sum with

interest at 6% p.a. Therefore, time was granted to negotiate

and resolve the dispute. On the last date of hearing, further

time was sought by learned advocate on record.

2. Today, none appears for the appellant. Hence, this

appeal is dismissed for non-prosecution.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE