Karnataka High Court
M/S Surana Fabricators Pvt Ltd vs Federation Of India Granite And Stone ... on 18 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:46079
MFA No. 8149 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8149 OF 2023 (CPC)
BETWEEN:
1. M/S SURANA FABRICATORS PVT LTD
A COMAPNY INCORPORATED
UNDER THE PROVISIONS OF THE
INDIAN COMPANIES, ACT 1956 AND
HAVING ITS OFFICE AT NO. 229
3RD PHASE, BOMMASANDRA
INDUSTRIAL AREA, BENGALURU 560 099
REPRESENTED BY ITS DIRECTOR
SRI VISHAL SURANA
AGED ABOUT 43 YEARS
S/O J B SURANA.
2. M/S SURANA STONES
A PROPRIETORSHIP CONCERN
Digitally signed HAVING ITS OFFICE AT NO. 50
by
DHANALAKSHMI KAMAKSHIPALYA, MAGADI MAIN ROAD
MURTHY BENGALURU 560 079.
Location: High
Court of REPRESENTED BY AUTHORIZED SIGNATORY
Karnataka SRI VISHAL SURANA
AGED ABOUT 43 YEARS
S/O J B SURANA.
...APPELLANTS
(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI. ABHINAV RAMANAND A, ADVOCATE)
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NC: 2023:KHC:46079
MFA No. 8149 of 2023
AND:
1. FEDERATION OF INDIA GRANITE
AND STONE INDUSTRY
A SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
AND HAVING ITS OFFICE AT NO. 429/7
12TH CROSS ROAD, SADASHIVA NAGAR
BENGALURU - 560080
REPRESENTED BY ITS PRESIDENT.
2. SRI ISHWIDER SINGH
AGED MAJOR
PRESIDENT
FEDERATION OF INDIAN GRANITE
AND STONE INDUSTRY
NO. 429/7, 12TH CROSS ROAD
SADASHIVA NAGAR
BENGALURU - 560 080.
3. SRI S KRISHNA PRASAD
AGED MAJOR
GENERAL SECRETARY
FEDERATION OF INDIAN GRANITE
AND STONE INDUSTRY
NO. 429/7, 12TH CROSS ROAD
SADASHIVA NAGAR
BENGALURU - 560 080.
4. DISCIPLINARY SUB COMMITTEE
FEDERATION OF INDIAN GRANITE
AND STONE INDUSTRY
NO. 429/7, 12TH CROSS
ROAD SADASHIVA NAGAR
BENGALURU - 560 080.
REPRESENTED BY ITS CHAIRMAN.
5. EXECUTIVE COMMITTEE
FEDERATION OF INDIAN GRANITE
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MFA No. 8149 of 2023
AND STONE INDUSTRY
NO. 429/7, 12TH CROSS ROAD
SADASHIVA NAGAR, BENGALURU - 560 080.
REPRESENTED BY ITS PRESIDENT.
...RESPONDENTS
(BY SRI.ASHOK HARANAHLLI, SENIOR COUNSEL FOR
SRI. ANOOP HARANAHALLI, ADVOCATE AND
SRI. YESHU MISHRA, ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
10.11.2023 PASSED ON I.A.NO. 1 IN OS.NO.748/2023 ON
THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, REJECTING THE I.A.NO.1
FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151
OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the respondents filed
a memo stating that the termination order dated
17.06.2022, issued in respect of the plaintiffs in
O.S.No.748/2023, communicated on 15.07.2022, will be
withdrawn with liberty to take action, in accordance with
law.
2. The said memo is taken on record.
NC: 2023:KHC:46079
3. In view of withdrawing the termination order
terminating plaintiff Nos. 1 and 2 in O.S.No.748/2023 from
the membership of the Federation, the suit does not
survive for consideration.
4. Accordingly, this appeal as well as the suit in
O.S.No.748/2023 pending on the file of VIII Additional City
Civil and Sessions Judge, Bengaluru stand disposed of,
reserving liberty to the defendants to take action against
plaintiff Nos. 1 and 2 in O.S.No.748/2023, in accordance
with law. All the contentions of the parties are left open.
5. Registry is directed to communicate this order to
the trial court.
Sd/-
JUDGE
CM
