Karnataka High Court
Sri Satyanarayana Muniyappa vs Siemens Financial Services Pvt Ltd on 4 December, 2023
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2023:KHC:43690-DB
COMAP No. 261 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 261 OF 2023
BETWEEN:
SRI. SATYANARAYANA MUNIYAPPA,
SOLE PROPRIETOR,
AGE 54 YEARS,
M/S RAHUL INDUSTRIES,
NO.A-18, HMT INDUSTRIES ESTATE,
JALAHALLI, BENGALURU (URBAN)-560 013.
ALSO AT:-
NO.836, 7TH CROSS, BAHUBALINAGAR,
JALAHALLI VILLAGE, BENGALURU NORTH,
BENGALURU-560 013.
ALSO AT:
Digitally signed by
VINUTHA M
NO.255, 1ST FLOOR, 7TH CROSS,
Location: HIGH KAMMAGONDANAHALLI, VISHWESHWARAIAH
COURT OF LAYOUT ABBIGERE, JALAHALLI WEST,
KARNATAKA
BENGALURU-560 015.
...APPELLANT
(BY SRI. PREMNATH T.N, ADVOCATE(ABSENT))
AND:
1. SIEMENS FINANCIAL SERVICES PVT LTD.,
A NON-BANKING FINANCIAL COMPANY
DULY REGISTERED WITH RESERVE BANK
OF INDIA AND INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956.
HAVING ITS REGISTERED OFFICE AT
PLOT NO.2, SECTOR 2, KHARGHAR NODE,
-2-
NC: 2023:KHC:43690-DB
COMAP No. 261 of 2023
NAVI, MUMBAI 410 210, MAHARASHTRA
INDIA, REPRESENTED BY ITS AUTHORIZED
SIGNATORY MR. VAIBHAV PRIYADARSHINI.
2. MRS. GAYATHRI,
GUARANTOR,
AGE 37 YEARS,
NO.836, 7TH CROSS, BAHUBALLINAGAR,
JALAHALLI VILLAGE, BENGALURU NORTH,
BENGALURU-560 013.
ALSO AT:-
NO.255, 1ST FLOOR, 7TH CROSS,
KAMMAGONDANAHALLI,
VISHWESHWARAIAH LAYOUT,
ABBIGERE, JALAHALLI WEST,
BENGALURU-560 015.
...RESPONDENTS
THIS COMAP IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO A) CALL FOR THE RECORDS IN
COM.EX.NO.120/2023 (CCH-87) LXXXVI ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU AND SET ASIDE THE
IMPUGNED ORDRE DATED 13/06/2023 PASSED BY THE C/c
LXXXVI ACC AND SJ BENGALURU VIDE ANNEXURE-A, PASSED
BY THE TRIAL COURT IN RESPECT OF THE SCHEDULE
PROPERTY HYPOTHECATED ASSETS STATED IN THE IMPUGNED
ORDER IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri T.N.Premnath, learned counsel for the appellant is on
record, but there is no representation either through video
conferencing or present before the Court physically.
2. Under this appeal, the appellant is challenging the
impugned order dated 13.06.2023 passed by the Executing
Court in Com.Ex.No.120/2023.
NC: 2023:KHC:43690-DB
3. Office noting reveals non-compliance of office
objections for sixth time.
4. Neither the counsel nor the party to the
proceedings come forwarded to proceed in accordance with law
to cure the defects under the curial law even though the matter
is listed for compliance for the sixth time.
5. The first limb of the provisions of Section 151 of
CPC is nothing limit to exercise inherent power that is neither
affecting nor effecting any order under this Code, the second
limb is to prevent the abuse of process of law and the third
limb of the said provisions, or otherwise to secure the ends of
justice, it is applicable to both the parties.
6. Therefore, keeping in view the scope of Section 151
of CPC, it is deemed appropriate to state that this appeal is
dismissed for non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
VM
