Mr Shyam Mangaram vs M/S Excelsior Travels Pvt Ltd
2023 Latest Caselaw 8367 Kant

Karnataka High Court

Mr Shyam Mangaram vs M/S Excelsior Travels Pvt Ltd on 24 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                     -1-
                                                                NC: 2023:KHC:42433-DB
                                                                     EX.FA No. 4 of 2019




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                               PRESENT
                               THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                    AND
                       THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                EXECUTION FIRST APPEAL NO. 4 OF 2019
                       BETWEEN:

                       MR SHYAM MANGARAM
                       AGED ABOUT 67 YEARS
                       S/O LATE MANGARAM GANGLANI
                       R/AT NO 101, 1ST FLOOR
                       PRESTIGE EXOTICA APARTMENTS
                       NO 3, CUNNINGHAM ROAD
                       BENGALURU - 560 001                          ...APPELLANT

                       (BY SRI. BHARATH M., ADV.)

                       AND:

                       1.      M/S EXCELSIOR TRAVELS PVT LTD
                               A COMPANY INCORPORATED UNDER
                               THE COMPANIES ACT 1956
                               HAVING ITS REGISTERED OFFICE
Digitally signed by            AT 23/2 HARIKRISHNA ROAD
MALA K N                       BENGALURU - 560 001
Location: HIGH COURT           REP. BY ITS MANAGER ACCOUNTS
OF KARNATAKA                   MR K N PRAHALAD RAO

                       2.      CHESTERFIELD INTERNATIONAL
                               PRIVATE LIMITED, A COMPANY INCORPORATED
                               UNDER THE COMPANIES ACT 1956
                               HAVING ITS REGISTERED OFFICE AT
                               NO 2 A GOLF LINK APARTMENTS
                               CUNNINGHAM ROAD, BENGALURU - 560 052

                                                                 ...RESPONDENTS
                       (BY SRI. T P VIVEKANANDA, ADV. FOR R1;
                           VIDE ORDER DATED 24.06.2019
                           NOTICE TO R2 IS DISPENSED WITH)
                                  -2-
                                              NC: 2023:KHC:42433-DB
                                                   EX.FA No. 4 of 2019




      THIS EXECUTION FIRST APPEAL FILED UNDER CHAPTER
VI, RULE 1(1)(b) OF THE KARNATAKA HIGH COURT RULES,
1959 READ WITH SECTION 151 OF CPC., 1908 AGAINST THE
ORDER DATED 05.03.2019 PASSED ON IA.NO.4 IN
EX.NO.267/2013 ON THE FILE OF THE III ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE
IA.NO.4 FILED UNDER SECTION 47 READ WITH SECTION 151
OF CPC., TO DISMISS THE PRESENT EXECUTION PETITION AS
DECREE UNDER EXECUTION IS SATISFIED.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                         JUDGMENT

Shri M. Bharath, learned Advocate for the

appellant has filed a memo of even date seeking

permission to retire from the case. Memo reads as

follows:

"MEMO Advocate for the appellant submits that the appellant has taken back the file in these proceedings nearly 18 months ago and he has also obtained NOC Vakalath to engage another counsel. There has been no further instructions on this matter to the Advocate for the appellant shown in today's cause-list. Hence we have also filed a memo of retirement today. The same may be taken on record."

NC: 2023:KHC:42433-DB

2. Memo be kept in record. Shri Bharath is

permitted to retire from this case. None appears for

the appellant. Hence, the appeal is dismissed.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

PA CT:HS