M/S K V Enterprises vs M/S Bharuka Gases Ltd
2023 Latest Caselaw 896 Kant

                                              -1-
                                                        RFA No. 1886 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JANUARY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 1886 OF 2019 (MON)



                   BETWEEN:

                   1.    M/S K V ENTERPRISES
                         NO.448, G.N.T. ROAD
                         (OPP. PUZHAL JAIL) PUZHAL
                         CHENNAI-600066
                         REPRESENTED BY ITS PARTNER
                         SRI. L.V. SATHASIVAM
                         S/O THE LATE VENKATACHALAM
                         AGED ABOUT 64 YEARS.

                   2.    SRI. S.V.SWAMINATHAN
                         S/O THE LATE VENKATACHALAM
                         AGED ABOUT 44 YEARS
Digitally signed         PARTNER, M/S.K.V.ENTERPRISES
by
DHANALAKSHMI             R/AT PLOT NO.14, SANNATHI STREET
MURTHY                   M.A. CHIDAMBARAM NAGAR
Location: High           RAMAPURAM, CHENNAI-600089.
Court of
Karnataka
                   3.    SRI. K.V. SATHASIVAM
                         S/O THE LATE VENKATACHALAM
                         AGED ABOUT 64 YEARS
                         PARTNER-M/S. K.V.ENTERPRISES
                         R/AT DOOR NO.3, 4TH FLOOR,
                         B BLOCK, MUTHA NIRMAN APARTMENT
                         81/76, MOUNT POONAMALLE HIGH ROAD
                         PORUR, CHENNAI-600116.

                                                              ...APPELLANTS

                   (BY SRI. JANARDHANA G.,ADVOCATE)
                            -2-
                                      RFA No. 1886 of 2019




AND:

1.   M/S BHARUKA GASES LTD.
     PLOT NO. 5 A & 6, DODDANEKUNDI
     INDUSTRIAL AREA, WHITEFILED ROAD
     MAHADEVAPURA
     BENGALURU-560048.
     REPRESENTED BY ITS
     EXECUTIVE SALES MR.R.BIJU
     S/O. RAVINDRAN,
     AGED ABOUT 47 YEARS

2.   SRI. T.KANDAVEL
     AGE 50 YEARS
     PARTNER M/S. K.V.ENTERPRISES
     NO.2/514A, N.S.K. NAGAR
     ANNA NAGAR, I STATE THAT AVENUE
     1 FLOOR, CHENNAI-600116.

3.   SRI. R. VENKATESAN
     S/O. SRI. P.C.RANGANATHAN
     AGED ABOUT 59 YEARS
     MAJOR, PARTNER M/S. K.V.ENTERPRISES
     NO.2/514A, N.S.K. NAGAR
     ANNA NAGAR I STATE THAT AVENUE
     1ST FLOOR, CHENNAI-600116.

4.   SRI. T.S.C BOSE
     S/O. SRI. S.P.THANGARAJU
     AGED ABOUT 54 YEARS
     R/AT NO.1/12C, FIRST CROSS STREET
     OLD BANGALORE COLONY
     WEST K.K. NAGAR
     CHENNAI-600078

5.   MRS. SOPHIYA
     W/O SRI. T.S.C. BOSE
     AGED ABOUT 43 YEARS
     R/AT NO.1/12, C, FIRST CROSS, STREET, OLD
     BENGALURU COLONY,
                             -3-
                                       RFA No. 1886 of 2019




    WEST K.K.NAGAR
    CHENNAI-600078

                                            ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED: 01.06.2019 PASSED IN O.A.NO.4717/2012 ON THE
FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR
RECOVERY OF MONEY.

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



                        JUDGMENT

The learned counsel for the appellants has filed a

memo dated 5.1.2022 stating that the appeal may be

dismissed on the ground that the parties have settled the

matter out of court and the appeal does not survive for

consideration. He further prays for refund of court fee.

The memo is placed on record.

In view of the memo filed, the appeal is dismissed.

RFA No. 1886 of 2019

Registry is directed to refund the court fee in favour

of the appellants after due verification.

In view of dismissal of appeal, all pending I.As. are

dismissed accordingly.

Sd/-

JUDGE

DM