M/S Sri. Shanmuga Modern Rice ... vs Sri.S Govindarajulu
2023 Latest Caselaw 6966 Kant

                                               -1-
                                                          NC: 2023:KHC:35807
                                                        RFA No. 1875 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                            BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 1875 OF 2023 (RES)
                   BETWEEN:

                   1.    M/S. SRI SHANMUGA MODERN
                         RICE MILLS (P) LTD.,
                         KGF MAIN ROAD, DESHIHALLI,
                         DESHIHALLI POST, BANGARPET - 563 114,
                         REPRESENTED BY ITS MANAGING DIRECTOR.

                   2.    SRI SHANMUGAM,
                         KGF MAIN ROAD,
                         DESHIHALLI, DESHIHALLI POST,
                         BANGARPET - 563 114.
                                                               ...APPELLANTS
                   (BY SRI S. JAGAN BABU, ADVOCATE)

                   AND:
Digitally signed
by
MADHUSHREE
H                  SRI S. GOVINDARAJULU,
Location: High     S/O SUBBAIAH,
Court of
Karnataka          AGED ABOUT 67 YEARS,
                   R/O S. G. KOTE VILLAGE AND POST,
                   BANGARPET TALUK - 563 114.
                                                              ...RESPONDENT
                          THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
                   1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
                   15.07.2023 PASSED IN COMM.OS NO.35/2020 ON THE FILE OF
                   PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR., PARTLY
                   DECREEING THE SUIT FOR RECOVERY OF MONEY.
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                                               NC: 2023:KHC:35807
                                            RFA No. 1875 of 2023




        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

Office has raised objections regarding maintainability of

the appeal. As the judgment passed by the Commercial Court

and by oversight, it was filed as Regular First Appeal. At this

stage, learned counsel for the appellants has moved a memo

for converting Regular First Appeal into Commercial Appeal.

2. Memo is placed on record. Appellants are permitted to

convert the Regular First Appeal into Commercial Appeal.

3. Office to assign new number and place the matter

before the appropriate Bench.

4. For statistical purpose, this Regular First Appeal is

disposed of.

Sd/-

JUDGE

MKM

CT: BHK