M/S Concept City Developers vs M/S Ventura Interior Decorators
2024 Latest Caselaw 5727 Kant

Karnataka High Court

M/S Concept City Developers vs M/S Ventura Interior Decorators on 23 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                             NC: 2024:KHC:7602
                                                         RFA No. 2172 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 2172 OF 2023 (MON)


                   BETWEEN:

                   1.    M/S CONCEPT CITY DEVELOPERS
                         (A PARTNERSHIP FIRM)
                         NO.28/1, IST FLOOR
                         IST CROSS, 15TH MAIN, E BLOCK
                         SAHAKARNAGAR
                         BENGALURU-560092
                         REP BY ITS PARNTERS.

                   2.    MR RAJASHEKAR
                         AGED MAJOR
                         DESIGNATED AS MANAGING PARTNER
                         ALL HAVING THEIR PLACE OF WORK AT
                         NO.28/1, IST FLOOR, IST CROSS
                         15TH MAIN, E BLOCK
                         SAHAKARNAGAR, BENGALURU-560092.
Digitally signed                                                 ...APPELLANTS
by
HEMALATHA A        (BY SRI. B.V.M.ADEKAR., ADVOCATE)
Location: High
Court of
Karnataka          AND:

                   M/S VENTURA INTERIOR DECORATORS
                   ( A COMPANY INCORPORATED
                   UNDER THE COMPANIES ACT)
                   HAVING ITS OFFICE AT
                   PRESTIGE NEBULA NO.144
                   INFANTRY ROAD
                   BANGALORE-560001
                   REPRESENTED BY ITS DIRECTOR
                   MR DEVANG MISTRY
                             -2-
                                          NC: 2024:KHC:7602
                                       RFA No. 2172 of 2023




S/O MADHUSUDHAN
AGED ABOUT 48 YEARS.
                                               ...RESPONDENT


(BY SRI.MAHESH CHANDRA B.N., ADVOCATE FOR C/R)

      THIS RFA IS FILED UNDER SECTOIN 96 OF CPC PRAYING
TO CALL FOR RECORDS AND SETTING ASIDE THE JUDGMENT
AND   DECREE    DATED    30.06.2023   PASSED    IN   COM.OS
NO.136/2019 ON THE FILE OF THE LXXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH-84)
AND ETC.

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

                        JUDGMENT

1. Office has raised an objection that the present appeal

is not maintainable under Section 13 of Commercial Court

Act, 2015. Therefore, learned counsel for the appellants

has filed a memo dated 23.02.2024 seeking leave of this

Court to convert this Regular First Appeal into Commercial

Appeal.

2. Memo dated 23.02.2024 is taken on record.

NC: 2024:KHC:7602

3. The appellants are permitted to convert this Regular

First Appeal into Commercial Appeal.

4. For statistical purpose, the appeal is disposed of.

Sd/-

JUDGE

HA