Karnataka High Court
M/S Newton Engineering And Chemical Ltd vs M/S Shyam Engineering Constructions on 5 December, 2023
-1-
NC: 2023:KHC:43984-DB
RFA No.1566/2013
C/W RFA No.1565/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K V ARAVIND
REGULAR FIRST APPEAL NO.1566/2013 (MON)
C/W
REGULAR FIRST APPEAL NO.1565/2013 (MON)
IN RFA NO.1566/2013
BETWEEN:
M/S NEWTON ENGINEERING &
CHEMICAL LTD
A COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT
MP/864/B-4, GIDC, MAKARUPRA
BARODA-390 010
GUJARATH, REPRESENTED BY ITS
MANAGING DIRECTOR
MR N GOPINATH ...APPELLANT
Digitally (BY SRI. A MADHUSUDHANA RAO.,ADVOCATE)
signed by K S
RENUKAMBA
Location: AND:
High Court of
Karnataka 1. M/S SHYAM ENGINEERING CONSTRUCTIONS
ANAND GRUHAM
KHANA SURTHKAL
MANGALORE-574158
REPRESENTED BY ITS PROPRIETOR
SRI ABRAHAM MATHEW S/O MATHAI
AGED ABOUT 47 YEARS
R/AT LAXMI BAUGH, SURATHKAL
MANGALORE.
2. THE MANAGING DIRECTOR
NEWTON ENGINEERING AND CONSTRUCTION LTD
NO.1, SANGEETHA APARTMENTS
-2-
NC: 2023:KHC:43984-DB
RFA No.1566/2013
C/W RFA No.1565/2013
R.S.K. DUTT ROAD, BARODA- 390 005
SITE OFFICE, MRPO KUTHETHOOR
MANGALORE
...RESPONDENTS
(BY SRI. O SHIVARAM BHAT., ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O/DATED 17.06.2015)
THIS REGULAR FIRST APPEAL FILED U/O-41, RULE-1, R/W
SEC.96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 27.07.2013 PASSED IN O.S.97/2000 ON THE FILE OF
THE III-ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K, DECREEING
THE SUIT FOR RECOVERY OF MONEY.
IN RFA NO.1565/2013
BETWEEN:
M/S NEWTON ENGINEERING &
CHEMICAL LTD
A COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT
MP/864/B-4, GIDC, MAKARUPRA
BARODA-390 010
GUJARATH, REPRESENTED BY ITS
MANAGING DIRECTOR
MR N GOPINATH ...APPELLANT
(BY SRI. A MADHUSUDHANA RAO.,ADVOCATE)
AND:
1. M/S NIRMITHY ENTERPRISES
A REGD PARTNERSHIP FIRM
HAVING ITS OFFICE AT
P.B.NO.24, LAXMI BAUGH
SURATHKAL, MANGALORE
REPRESENTED BY ITS
MANAGING PARTNER
MR. ABRAHAM MATHEW S/O MATHAI
AGED ABOUT 47 YEARS
R/AT LAXMI BAUGH
SURATHKAL
MANGALORE-575 001
2. THE MANAGING DIRECTOR
NEWTON ENGINEERING AND CONSTRUCTION LTD
NO.1, SANGEETHA APARTMENTS
R.S.K,DUTT ROAD, BARODA- 390 005
-3-
NC: 2023:KHC:43984-DB
RFA No.1566/2013
C/W RFA No.1565/2013
SITE OFFICE, MRPO KUTHETHOOR
MANGALORE
...RESPONDENTS
(BY SRI. O SHIVARAM BHAT., ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O/DATED 18.06.2015)
THIS REGULAR FIRST APPEAL FILED U/O-41, RULE-1, R/W
SEC.96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 27.07.2013 PASSED IN O.S.96/2000 ON THE FILE OF
THE III-ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K, DECREEING
THE SUIT FOR RECOVERY OF MONEY.
THESE REGULAR FIRST APPEALS COMING ON FOR ORDERS
THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Peremptory order dated 07.11.2023 is not complied.
Therefore the appeals already stood dismissed. No further
orders are required.
Sd/-
JUDGE
Sd/-
JUDGE
PKN
