Karnataka High Court
M/S R K Enterprises vs M/S Rajesh Exports Limited on 25 July, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:25868
HRRP No. 7 of 2019
C/W HRRP No. 6 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
HOUSE RENT REV. PETITION NO. 7 OF 2019
C/W
HOUSE RENT REV. PETITION NO. 6 OF 2019 (EVI)
IN HRRP NO.7 OF 2019:
BETWEEN:
1. M/S. VARDHAMAN SILK CENTRE
A PROPRIETARY CONCERN CARRYING
ON BUSINESS AT SHOP NO.790/1,
MOHAN BUILDINGS, CHICKPET,
BANGALORE-560 052,
REPRESENTED BY ITS PROPRIETOR
SRI BABULAL.
...PETITIONER
(BY SRI. B.N.JAYADEVA, ADVOCATE [ABSENT])
AND:
Digitally
signed by
SHARANYA T
Location:
1. M/S. RAJESH EXPORTS LIMITED
HIGH COURT
OF
A PUBLIC LIMITED COMPANY INCORPORATED
KARNATAKA UNDER THE PROVISIONS OF THE
COMPANY'S ACT AND HAVING ITS
REGISTERED OFFICE AT NO.4
BATAVIA CHAMBERS
KUMARA KRUPA ROAD EAST
BANGALORE-560 001.
...RESPONDENT
(BY SRI ROHAN KOTHARI, ADVOCATE)
-2-
NC: 2023:KHC:25868
HRRP No. 7 of 2019
C/W HRRP No. 6 of 2019
THIS HRRP IS FILED UNDER SECTION 46(1) OF
KARNATAKA RENT ACT, AGAINST THE JUDGMENT AND ORDER
DATED 24.01.2019 PASSED IN H.R.C.NO.10005/2017 ON THE
FILE OF THE V ADDITIONAL SMALL CAUSE JUDGE AND XXIV
ACMM COURT OF SMALL CAUSES, MAYO HALL UNIT,
BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION
27(2) (a)(r) OF THE KARNATAKA RENT ACT, 1999.
IN HRRP NO.6 OF 2019:
BETWEEN:
1. M/S. R.K.ENTERPRISES
A PROPRIETARY CONCERN CARRYING
ON BUSINESS AT SHOP NO.790/1,
MOHAN BUILDINGS, CHICKPET,
BANGALORE-560 002,
REPRESENTED BY ITS PROPRIETOR
SRI DOONGARMAL.
...PETITIONER
(BY SRI. B.N.JAYADEVA, ADVOCATE [ABSENT])
AND:
1. M/S. RAJESH EXPORTS LIMITED
A PUBLIC LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE
COMPANY'S ACT AND HAVING ITS
REGISTERED OFFICE AT NO.4
BATAVIA CHAMBERS
KUMARA KRUPA ROAD EAST
BANGALORE-560 001.
...RESPONDENT
(BY SRI ROHAN KOTHARI, ADVOCATE)
THIS HRRP IS FILED UNDER SECTION 46(1) OF
KARNATAKA RENT ACT, AGAINST THE JUDGMENT AND AWARD
DATED 24.01.2019 PASSED IN H.R.C.NO.10004/2017 ON THE
FILE OF THE V ADDITIONAL SMALL CAUSE JUDGE AND XXIV
ACMM COURT OF SMALL CAUSES, MAYO HALL UNIT,
BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION
27(2) (a)(r) OF THE KARNATAKA RENT ACT, 1999 FOR
EVICTION.
-3-
NC: 2023:KHC:25868
HRRP No. 7 of 2019
C/W HRRP No. 6 of 2019
THESE PETITIONS COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court vide order dated 17.7.2023 having taken note
of these two revision petitions were filed in the year 2019 and
not yet admitted, made it clear that revision petitioners are not
pursuing the matter even though matters are called twice and if
counsel for the revision petitioners does not appear in the next
date of hearing revision petitions will be dismissed for non
prosecution.
2. The counsel for the petitioners has sought time again
in the morning, but counsel for the respondent objected for
adjournment and even though matters are passed over, even
at 3.14 p.m. also the counsel is not present before the Court.
The counsel appearing for the respondent also submits that
rents are not paid since 2006 and when such submission is
made by the respondent and when the revision petitioners
counsel is also not pursuing the matters diligently, I do not find
any ground to once again adjourned the matters, since these
NC: 2023:KHC:25868
HRRP No. 7 of 2019
C/W HRRP No. 6 of 2019
revision petitions are of the year 2019 and hence, both the
revision petitions are dismissed for non-prosecution.
Sd/-
JUDGE
AP
