Sri. Rajendra Singh Rathore vs Royal Orchid Association Hotels Pvt. ...
2024 Latest Caselaw 5271 Kant

Karnataka High Court

Sri. Rajendra Singh Rathore vs Royal Orchid Association Hotels Pvt. ... on 21 February, 2024

Author: P.S. Dinesh Kumar

Bench: P.S. Dinesh Kumar

                                             -1-
                                                        NC: 2024:KHC:7332-DB
                                                     COMAP No. 373 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 21ST 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
                                   COMAP NO. 373 OF 2023

                 BETWEEN:

                 1.    SRI RAJENDRA SINGH RATHORE
                       S/O. RANVEER SINGH RATHORE,
                       AGED ABOUT 45 YEARS,
                       RESIDING AT DADA POULTRY FARM,
                       LOHAGAL, AJMER,
                       RAJASTHAN - 305 023.
                                                               ...APPELLANT
                 (BY SRI ACHAPPA P.B, ADVOCATE)

                 AND:

Digitally signed 1.    ROYAL ORCHID ASSOCIATION HOTELS PVT. LTD.,
by YASHODHA N          HAVING ITS REGISTERED
Location: HIGH         OFFICE AT NO.1, GOLF AVENUE,
COURT OF
KARNATAKA              KODIHALLI, OFF AIRPORT ROAD,
                       BANGALORE - 560 008,
                       REPRESENTED BY ITS
                       CHIEF FINANCIAL OFFICER
                       AND AUTHORIZED SIGNATORY,
                       MR. AMLAN KUMAR DASGUPTA.
                                                            ...RESPONDENT
                 (BY SRI KRISHAR SOMAIAH, ADVOCATE FOR
                  SMT. SANJANA RAO, ADVOCATE)
                                  -2-
                                              NC: 2024:KHC:7332-DB
                                         COMAP No. 373 of 2023




     THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE
THE ORDER DATED 04.07.2023 PASSED IN COM.MISC.
PETITION NO. 40/2021 ON THE FILE OF LXXXIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-90)
AND ETC.

     THIS COMAP COMING ON FOR ADMISSION THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal is directed against the judgment and order dated

July 4, 2023 in Com.Misc.No.40/2021 on the file of LXXXIX

Additional City Civil and Sessions Judge, Bengaluru (Commercial

Court). By the said order, Commercial Court has convicted the

appellant and sentenced him to undergo civil imprisonment for a

period of 15 days. Appellant was also liable to pay compensation of

Rs.50,000/- to the respondent.

2. Learned advocates for the parties have filed joint

memo of even date stating that the parties have amicably settled

the dispute and there is no objection to set aside the order dated

July 4, 2003. Joint Memo be kept in record.

NC: 2024:KHC:7332-DB

3. In view of the above, this appeal is allowed. The order

dated July 4, 2023 in Com.Misc.No.40/2021 on the file of LXXXIX

Additional City Civil and Sessions Judge, Bengaluru, is set aside.

4. In view of disposal of the appeal, pending interlocutory

applications, if any, do not survive for consideration and they stand

disposed of.

No costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS