Sri A N Subbaraju vs Sri Dinesh M Bhatia
2023 Latest Caselaw 4405 Kant

                                            -1-
                                                  NC: 2023:KHC:24246-DB
                                                     COMAP No. 471 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 13TH DAY OF JULY, 2023

                                         PRESENT
                        THE HON'BLE MR JUSTICE ALOK ARADHE
                                            AND
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                         COMMERCIAL APPEAL NO. 471 OF 2022
              BETWEEN:

              SRI A N SUBBARAJU,
              AGED ABOUT 68 YEARS,
              S/O LATE A.S. NAGARAJ GUPTA,
              PRESENTLY R/AT NOS. 28, 28/1, 28/2,
              CITI CENTRE, THIRD FLOOR,
              CHURCH STREET, BANGALORE - 560 001.
                                                                 ...APPELLANT
              (BY SRI RAGHAVENDRA C, ADVOCATE)

              AND:

              1.    SRI DINESH M BHATIA,
Digitally           AGED ABOUT 49 YEARS,
signed by           S/O MADANLAL BHATIA, HAVING HIS OFFICE AT
PRAMILA G V         NO.104,FIRST FLOOR, JALA CHAMBER
Location:           NO.17, KUMARA KRUPA ROAD,
HIGH COURT          BENGALURU - 560 001.
OF
KARNATAKA
              2.    MESSRS ABDU DHABI COMMERCIAL BANK,
                    A BODY INCORPORATED IN THE UNITED ARAB
                    EMIRATES,HAVING ITS REGISTERED OFFICE AT NO.75
                    B,REHMAT MANZIL, VEER NARIMAN ROAD,
                    MUMBAI - 400 020. BRANCH OFFICE INTER ALIA AT G-3,
                    EMBASSY SQUARE, NO. 148, INFANTRY ROAD,
                    BENGALURU 560 001.
                    REPRESENTED BY ITS CHIEF EXECUTIVE INDIA
                    MR. IBRAHIM ABDUL WAHID AND ASSISTANT
                              -2-
                                   NC: 2023:KHC:24246-DB
                                      COMAP No. 471 of 2022




    VICE PRESIDENT AND BRANCH MANAGER
    MR. V. JANNATHAN AND CURRENT BRANCH
    HEAR MR. JAYAGOPAL GAJENDRA.
                                              ...RESPONDENTS
(BY SRI L.P.E.REGO, ADVOCATE FOR C/R1,
 SRI V.J.ACHALANAND, ADVOCATE FOR C/R2)

       THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF
THE COMMERCIAL COURT ACT, 2015 READ WITH ORDER XL RULE 1
OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO: 1) CALL
FOR RECORDS. 2) SET ASIDE THE JUDGMENT AND DECREE DATED
12.09.2022 PASSED BY THE LXXXVIII ADDITIONAL CITY CIVIL AND
SESSIONS     JUDGE   (EXCLUSIVE   COMMERCIAL   COURT):   AT
BENGALURU CITY (CCH N.89) IN COMMERCIAL O.S.NO.3361/2012;
AND ALLOW THE APPEAL BY DISMISSING THE SUIT THE PLAINTIFF
AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS
FIT, IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY THE
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                         JUDGMENT

In view of the order dated 23.03.2023, the appeal is

dismissed. However, learned counsel for the appellant is

granted liberty to move an application seeking recall of the

order.

Sd/-

JUDGE

Sd/-

JUDGE

BRN