Nitesh Estates Limited vs Dentsu Communications India ...
2023 Latest Caselaw 6346 Kant

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                                                           NC: 2023:KHC:32268
                                                       RFA No. 1315 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                            THE HON'BLE MR JUSTICE K.NATARAJAN

                           REGULAR FIRST APPEAL NO. 1315 OF 2023

                   BETWEEN:

                   1.    NITESH ESTATES LIMITED,
                         A COMPANY INCORPORATED
                         UNDER THE COMPANIES ACT OF 1956
                         HAVING ITS REGISTERED OFFICE
                         AT LEVEL 7 NITESH TIMES SQUARE,
                         NO.8, M G ROAD
                         BANGALORE- -560 001.

                         NOW KNOWN AS
                         M/S SATCHMO HOLDINGS LIMITED,
                         A COMPANY INCORPORATED UNDER THE
                         PROVISIONS OF THE
                         COMPANIES ACT OF 1956,
                         HAVING ITS REGISTERED OFFICE AT:
                         110, B WING, ANDREWS BUILDING,
Digitally signed by      LEVEL 1, M.G.ROAD,
VIJAYALAKSHMI B N
Location: HIGH COURT     BENGALURU - 560 001.
OF KARNATAKA

                   2.    NITESH HOUSING DEVELOPERS PRIVATE LIMITED,
                         A COMPANY INCORPORATED UNDER THE
                         COMPANIES ACT OF 1956,
                         HAVING ITS REGISTERED OFFICE AT LEVEL 7,
                         NITESH TIME SQUARE NO.8,
                         M G ROAD
                         BANGALORE 560 001

                         NOW KNOWN AS
                         M/S. NORTHROOF VENTURES PRIVATE LIMITED
                         A COMPANY INCORPORATED UNDER THE
                         COMPANIES ACT OF 1956,
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                                        NC: 2023:KHC:32268
                                    RFA No. 1315 of 2023




     HAVING ITS REGISTERED OFFICE AT:
     NO. 110, B WING
     ANDREWS BUILDING,
     M.G. ROAD,
     BENGALURU - 560 001

3.   NITESH RESIDENCY HOTELS PRIVATE LIMITED
     A COMPANY INCORPORATED UNDER THE
     COMPANIES ACT OF 1956 HAVING ITS REGISTERED
     OFFICE NOW AT LEVEL 4
     B WING THE RITZ CARLTON HOTEL
     NO.99, RESIDENCY ROAD,
     BANGALORE- 560 025.

     ALL THE ABOVE APPELLANTS ARE REPRESENTED
     BY ITS AUTHORIZED REPRESENTATIVE
     SRI PRADEEP K P
     S/O POOVAIAH K G
     AGED ABOUT 47 YEARS
     OFFICE AT 110 B WING ANDREWS BUILDING,
      LEVEL 1 M G ROAD
     BENGALURU 560 001


                                             ...APPELLANTS
(BY SRI. VAIBHAV RAVI MALIMATH.,ADVOCATE)

AND:

1.   DENTSU COMMUNICATIONS INDIA PRIVATE
     LIMITED,
     A COMPANY INCORPORATED UNDER THE
     COMPANIES ACT OF 1956
     HAVING ITS REGISTERED OFFICE AT
     6TH FLOOR, B WIND ,
     POONAM CHAMBERS
     WORLI, DR ANNIE BESANT ROAD
     MUMBAI 400 018
                                            ...RESPONDENT

    THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
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                                              NC: 2023:KHC:32268
                                           RFA No. 1315 of 2023




DATED 21.03.2023 PASSED IN COM. OS NO.6272/2019 ON
THE FILE OF THE LXXXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT),
BANGALORE CITY,

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Office has raised an objection regarding maintainability of

the R.F.A.

2. Counsel for the appellants has filed a memo for

converting the R.F.A into Commercial Appeal under Section 13

of the Commercial Courts Act.

3. Submission is placed on record, permitting to convert

the R.F.A into Commercial Appeal.

4. Office to assign new number and post it before the

appropriate Bench.

5. For statistical purpose, this Appeal is disposed off.

Sd/-

JUDGE

BNV