Smt Uma L Raju vs Sri G Malakondaiah
2024 Latest Caselaw 4049 Kant

Karnataka High Court

Smt Uma L Raju vs Sri G Malakondaiah on 9 February, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                    -1-
                                                                NC: 2024:KHC:5614-DB
                                                                 COMAP No. 28 of 2024




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                               PRESENT
                            THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
                                                  AND
                       THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                  COMMERCIAL APPEAL NO. 28 OF 2024
                       BETWEEN:

                       1.      SMT UMA L RAJU
                               AGED ABOUT 51 YEARS
Digitally signed by
                               W/O SRI. N LAKSHMAN RAJU
MALA K N
                               PROPRIETRIX
Location: HIGH COURT           M/S VEERA RAGHAVA ENTERPRISES
OF KARNATAKA                   (INDIAN OIL PETROL BUNK)
                               5TH MAIN, PUTTENAHALLI,
                               BENGALURU 560 078

                       2.      SRI. V LAKSHMAN RAJU
                               AGED ABOUT 60 YEARS
                               S/O SMT. SUNDARAMMA AND
                               LATE K V VENKATASWAMY RAJU
                               R/AT FLAT NO. C-802
                               VAISHNAVI TERRACE APARTMENTS
                               MO. 179 AND 180, BILEKAHALLI
                               BANNERGHATTA ROAD
                               4TH PHASE, J P NAGAR
                               BENGALURU 560 076
                                                                ...APPELLANTS
                       (BY SRI. SHRIDHARA MURTHY H R, ADV.)

                       AND:

                       SRI G MALAKONDAIAH
                       AGED ABOUT 73 YEARS
                       S/O NARASHIMHALU
                       R/AT NO. 10/1, 5 TH MAIN
                       PUTTENAHALLI MAIN ROAD
                                  -2-
                                              NC: 2024:KHC:5614-DB
                                               COMAP No. 28 of 2024




J P NAGAR, 7TH PHASE
BENGALURU 560 078
                                             ...RESPONDENT

(BY SRI.Y.HARIPRASAD, ADV.)

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1-A) OF THE COMMERCIAL COURTS ACT, PRAYING THAT
THIS HONBLE COURT BE PLEASED TO PASS THE FOLLOWING
ORDERS 1.CALL FOR RECORDS IN COM.MISC.59/2023 ON
THE FILE OF LXXXVI ADDL. CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU (CCH-87) COMMERCIAL COURT AND
HEAR THE PARTIES. AND ETC.

      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

                        JUDGMENT

Heard Shri H.R. Shridhara Murthy, learned

Advocate for the appellants-defendants and

Shri Y. Hariprasad, learned Advocate for the

respondent-plaintiff.

2. For the sake of convenience, parties shall be

referred as per their status in the Trial Court.

3. Shri Shridhara Murthy for the defendants

submitted that the Commercial Court has decreed

the suit ex-parte. Com.Misc.No.59/2023 has also

been dismissed. Whilst the proceedings were

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pending, defendants were not called upon to make

any deposit. However, a finding has been recorded

that defendants have not shown their bonafide by

depositing the decreetal amount before the Court.

He submitted that the summons issued by the

Commercial Court in the suit were not served and

prayed that an opportunity may be given to

defendants to contest the suit.

4. Shri Hariprasad for the plaintiff, adverting to

the addresses mentioned in the plaint, Misc. Petition,

as also in this appeal, pointed out that defendants

are residing in the very same address as on date.

Therefore, they have deliberately avoided summons

compelling plaintiff to take out paper publication.

Though he opposed the appeal, he submitted that if

defendants are prepared to deposit full decreetal

amount, an opportunity may be given by fixing a

time limit for fresh disposal of the suit. According to

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him, as on date, the amount recoverable is Rs.5.56

Crores.

5. Shri Murthy for the defendants sought four

weeks' time to make the payment, but we are not

inclined to consider the same.

6. In view of the facts recorded hereinabove,

in our opinion, an opportunity can be granted to the

defendants subject to defendants' depositing a sum

of Rs.1.5 Crores on 12.02.2024 and the remaining

Rs.4.1 Crores within a period of four weeks from

today before the Commercial Court. Upon deposit,

the amount shall be kept in a fixed deposit in any

Nationalized Bank for a minimum period with

automatic renewal clause. Accordingly, the

following:

ORDER

i) Appeal is allowed;

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ii) The judgment and decree in Com.OS.No.573/2022 is set aside;

iii) The matter is remitted to the Commercial Court, permitting the defendants to file their written statements and to defend their case;

iv) Commercial Court shall conclude the proceedings in an outer limit of six months;

v) Without further notice, parties shall appear before the Trial Court on 18.03.2024;

vi) Court fee shall be refunded to the appellants in accordance with law;

vii) It is made clear that if the sum of Rs.1.5 Crores as ordered by us is not deposited on 12.02.2024, the appeal automatically stands dismissed.

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In view of disposal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and the same stands disposed of.

No Costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

PA