Karnataka High Court
M/S Vaibhava Steels vs Sls Properties on 22 February, 2024
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
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NC: 2024:KHC:7555-DB
COMAP No. 249 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND 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. 249 OF 2023
BETWEEN:
1. M/S VAIBHAVA STEELS,
PARTNERSHIP FIRM,
REP BY ITS PARTNERS,
MR. MOTILAL KATWA,
SMT. PRIYANKA,
2. SRI MOTILAL KATWA
S/O MURALIDHARSA KATWA,
AGED ABOUT 50 YEARS,
3. SMT. PRIYANKA,
W/O MOTILAL KATWA,
Digitally signed AGED ABOUT 40 YEARS,
by YASHODHA N
Location: HIGH APPELLANT NOS.1 TO 3 ARE
COURT OF HAVING THEIR OFFICE
KARNATAKA
AT NO.9-7-680/1220,
HOSPETE ROAD,
KOPPAL-583231.
...APPELLANTS
(BY SRI RANGAREJI SHANKAR NARASINGASA, ADVOCATE)
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NC: 2024:KHC:7555-DB
COMAP No. 249 of 2023
AND:
1. SLS PROPERTIES.
PARTNERSHIP FIRM,
HAVING ITS OFFICE AT
NO.74/1, 2 AND 3, NO.10003
NEAR VIDYAVIKAS SCHOOL,
PANATHUR,
NEW KAVERAPPA LAYOUT,
BANGALORE-560003.
HAVING ITS HEAD OFFICE AT
HOUSE NO.1, 6-2-705/1, 0/D,
MALAKPET, HYDERABAD,
TELANGANA-500036.
REP BY ITS PARTNER
SRI P SHEKAR REDDY.
2. SRI CHANDRAKANTH KATWA
S/O MOTILAL KATWA,
AGED ABOUT 55 YEARS,
3. SRI AKESH KIRAN KATWA
S/O MOTILAL KATWA,
AGED ABOUT 50 YEARS,
4. SRI MITLALSA KATWA
S/O MOTILAL KATWA,
AGED ABOUT 38 YEARS,
RESPONDENT NOS.2 TO 4 ARE
HAVING OFFICE AT NO.9-7-680/1220,
HOSPET ROAD, KOPPAL-583231.
...RESPONDENTS
(BY SRI N.SRINIVAS, ADVOCATE FOR
SRI BHUVANENDRA RAJU P, ADVOCATE FOR R-1;
R-2 TO 4 ARE SERVED)
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NC: 2024:KHC:7555-DB
COMAP No. 249 of 2023
THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015 R/W SECTION 96 OF CPC,
1908, PRAYING TO CALL FOR THE RECORDS OF THE TRIAL
COURT AND SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE LXXXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE (COMMERCIAL COURT) (CCH-89) AT
BANGALORE DATED 28.03.2023 IN COM.O.S.NO.472/2022 AND
DISMISS THE SUIT.
THIS COMAP COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed against the judgment and decree dated
March 28, 2023 passed by the LXXXVIII Additional City Civil and
Sessions Judge, Bengaluru (Commercial Court) in
Com.OS.No.472/2022.
2. Learned advocate for the appellants has filed memo of even
date stating that both parties have settled the dispute. Memo be
kept in record.
3. The Director of Karnataka Mediation Center has sent a report
dated February 14, 2024 annexing copy of the settlement arrived
between the parties under Section 89 of C.P.C. read with Rules 24
and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
NC: 2024:KHC:7555-DB
4. Learned advocates on both sides admitted that the parties
have settled the dispute.
5. Learned advocate for respondent No.1 submitted that
Demand Drafts, as promised by the appellants, have been received
by respondent No.1.
6. In the circumstance, nothing further survives and this appeal
is disposed of.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
