Karnataka State Financial ... vs Sri S Chinnappa
2023 Latest Caselaw 7843 Kant

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                                                     NC: 2023:KHC:41653-DB
                                                    COMAP No. 372 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 20TH DAY OF NOVEMBER, 2023

                                       PRESENT
                        THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                          AND
                         THE HON'BLE MR JUSTICE RAJESH RAI K
                         COMMERCIAL APPEAL NO. 372 OF 2023
               BETWEEN:

                    KARNATAKA STATE FINANCIAL CORPORATION
                    PEENYA AND RAJAJINAGAR BRANCH
                    WEST OF CHORD ROAD
                    RAJAJINAGAR
                    BANGALORE-560010
                    BY ITS ASST. GENERAL MANAGER.
                                                        ...APPELLANT
               (BY SRI. MALIPATIL P S - ADVOCATE)

               AND:

               1.   SRI S CHINNAPPA
Digitally           S/O CHINNASWAMY MAJOR
signed by D
K BHASKAR           PROP. M/S VENKATESHWARA
Location:           MINING CORPORATION
High Court          NO.23, 4TH MAIN ROAD
of Karnataka        5TH CROSS, WEST OF CHORD ROAD
                    MANJUNATHANAGAR
                    BANGALORE-560010
                    (EX PARTE).

               2.   SRI PARASHURAM
                    S/O LATE VENKATESH
                    MAJOR
                    NO.72, MICHEAL PALYA
                    NEW THIPPASANDRA POST
                    BANGALORE-560075

                    DECEASED BY HIS LRS
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                                  NC: 2023:KHC:41653-DB
                                 COMAP No. 372 of 2023




a)   SMT ERANISTIN
     W/O LATE PARASHURAM
     AGED 72 YEARS
     NO.72, MICHEAL PALYA
     NEW THIPPASANDRA POST
     BANGALORE-560075.

b)   SMT ANTHUMERI
     D/O LATE PARASHURAM
     AGED 45 YEARS,
     NO.72, MICHEAL PALYA
     NEW THIPPASANDRA POST
     BANGALORE-560075.

c)   SRI MOSES BERANCLIS
     S/O LATE PARASHURAM
     AGED 43 YEARS
     NO.72, MICHEAL PALYA
     NEW THIPPASANDRA POST
     BANGALORE-560075.

d)   SMT PAULIN
     D/O LATE PARASHURAM
     AGED 32 YEARS
     NO.72, MICHEAL PALYA
     NEW THIPPASANDRA POST
     BANGALORE-560075.

e)   SMT SABINA
     D/O LATE PARASHURAM
     AGED 32 YEARS
     NO.72, MICHEAL PALYA
     NEW THIPPASANDRA POST
     BANGALORE-560075
     (EX-PARTE)
                                       ...RESPONDENTS
      THIS COMAP UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER DATED 20/07/2023 PASSED IN
COM.MISC.NO.1023/2003 ON THE FILE OF LXXXIX ADDL. CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU ON POINT NO.4
AND HOLD THAT THE PETITION IS WITHIN THE PERIOD OF
LIMITATION AND PASS AN ORDER ALLOWING THE PETITION
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                                        NC: 2023:KHC:41653-DB
                                       COMAP No. 372 of 2023




FILED BY THE APPELLANT IN COM.MISC.NO.1023/2003 ON
THE FILE OF THE LEARNED LXXXIX ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-90) ALONG WITH
INTEREST AND COSTS AS PRAYED IN THE COM.MISC.
PETITION NO. 1023/2003.

     THIS COMAP, COMING ON FOR FINAL HEARING, THIS
DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel Sri Malipatil P S for appellant is present

before the Court physically.

2. This appeal is filed by the appellant under Section

13(1-A) of the Commercial Courts Act, 2015 challenging the

impugned order dated 20.07.2023 passed by the Trial Court in

Com.Misc.No.1023/2003

3. However, the office has raised an objection as to how

the present COMAP which is filed under Section 13(1A) of the

Commercial Courts Act, 2015 is maintainable, when the

Com.Misc.No.1023/2003 which is under challenge in this

appeal, is filed under Section 31(1)(aa) and Section 32 of the

Karnataka State Financial Corporations Act, 1951.

4. However, learned counsel has filed a memo dated

20.11.2023 seeking conversion of this Commercial Appeal to a

Miscellaneous First Appeal under the relevant provisions of CPC.

NC: 2023:KHC:41653-DB COMAP No. 372 of 2023

Therefore, the memo is placed on record and the Registry is

directed to convert this Commercial appeal to a Miscellaneous

First Appeal.

This appeal is disposed for statistical purposes.

Sd/-

JUDGE

Sd/-

JUDGE

RJ