Yashpal Infrastructures ... vs Hdb Financial Services Ltd
2023 Latest Caselaw 3111 Kant

                                          -1-
                                                 NC: 2023:KHC:19733-DB
                                                  COMAP No.153 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 9TH DAY OF JUNE, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                                COMAP NO.153 OF 2021
               BETWEEN:

               1.   YASHPAL INFRASTRUCTURES ENTERPRISES
                    NO.271, THAMMANAYAKANAHALLI
Digitally           KASABA HOBLI, ANEKAL TALUK
signed by           BENGALOORU-562107
RUPA V              REP BY ITS PROPRIETOR
Location:           R. SUBRAMANYA REDDY.
High Court
of Karnataka   2.   R. SUBRAMANYA REDDY
                    AGED 57 YEARS
                    S/O REDDY RAMAKRISHNA.

               3.   S.V. SUMITHRA
                    AGED 53 YEARS
                    W/O R. SUBRAMANYA REDDY.
                    SL. NOS.2 & 3 ARE R/AT.
                    NO.640, 21ST CROSS, 22ND MAIN
                    HSR LAYOUT, 2ND SECTOR
                    BENGALOORU-560102.
                                                            ...APPELLANTS
               (BY SRI. VINAYA KEERTHY M, ADV., (ABSENT))
               AND:

               1.   HDB FINANCIAL SERVICES LTD
                    REP BY ITS AUTHORISED SIGNATORY
                    SUMIT BHIMRAO PAWAR
                    REGD. OFFICE AT DADHIKA
                    2ND FLOOR, LAW GARDEN ROAD
                    NAVARGPURA, AHMEDABAD-380009
                    BRANCH OFFICE AT ZENITH HOUSE
                    GROUND FLOOR, KESAV KHADE MARG
                            -2-
                                  NC: 2023:KHC:19733-DB
                                   COMAP No.153 of 2021




     OPP. MAHALAXMI RACE COURSE
     MAHALAXMI, MUMBAI-400 034.
                                          ...RESPONDENT
      THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER
SECTION 13(1A) OF THE COMMERCIAL COURTS ACT 2015 R/W
SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT
1996 AND ORDER XLIII RULE 1(R) AND SECTION 104 OF THE
CPC, PRAYING TO CALL FOR THE RECORDS IN COM.AA NO.
212/2019 AND SET ASIDE THE IMPUGNED ORDER DATED
24/05/2021 PASSED BY THE LEARNED LXXXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE (CCH-85), COMMERCIAL COURT),
BENGALURU AND SET ASIDE THE COM.A.A.NO. 212/2019
FILED BY THE RESPONDENT, IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                      JUDGMENT

None for the appellant.

In view of order dated 04.01.2023, the appeal is

dismissed.

Consequently, pending interlocutory application, if

any, is also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE RV