M/S Laxmi Silks vs Citi Bank N A
2024 Latest Caselaw 1080 Kant

Citation : 2024 Latest Caselaw 1080 Kant
Judgement Date : 11 January, 2024

Karnataka High Court

M/S Laxmi Silks vs Citi Bank N A on 11 January, 2024

                                                  -1-
                                                                NC: 2024:KHC:1581
                                                           RFA No. 860 of 2009




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF JANUARY, 2024

                                                 BEFORE
                                 THE HON'BLE MR JUSTICE C M JOSHI
                            REGULAR FIRST APPEAL NO. 860 OF 2009 (MON)

                      BETWEEN:

                      M/S. LAXMI SILKS,
                      NO.30, 1ST FLOOR,
                      JUMMA MASJID ROAD,
                      BANGALORE - 560 002.
                      REP. BY ITS MANAGING PARTNER,
                      SRI SANJEEV JAIN.
                                                                     ...APPELLANT
                      (BY SRI K VISHWANATH & SRI D.N.ARUN KUMAR,
                          ADVOCATES)

                      AND:

                      1.    CITI BANK N.A.,
                            SHAKTI TOWERS,
                            NO.766, ANNASAIAI,
Digitally signed by
VIJAYALAKSHMI               CHENNAI.
BN
Location: High
Court of              2.    THE MANAGER,
Karnataka
                            M/S CITI BANK,
                            M.G.ROAD, BANGALORE-560 001.
                                                                 ...RESPONDENTS
                      (BY SRI V S RAVI, ADVOCATE FOR R1 & R2)

                           THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
                      JUDGMENT AND DECREE DATED 15.10.2008, -PASSED IN
                      O.S.NO.1384/2005 ON THE FILE OF THE III ADDL. CITY CIVIL
                      AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT
                      FOR RECOVERY OF MONEY.
                             -2-
                                          NC: 2024:KHC:1581
                                        RFA No. 860 of 2009




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


                       JUDGMENT

None appears for the appellant.

2. Learned counsel appearing for the respondents

is present and submits that initially this appeal was heard

by this Court and by order dated 23.07.2015, this Court

found that the matter has to be remitted back to the trial

Court. The order of this Court is as below:

"Hence, the matter is remitted to the court below only to address this particular issue and permit the parties to tender evidence, if any, in this regard. The Court below shall after recording such additional evidence shall also record its findings thereon and the reasons therefore and to remit the record to this Court within a period of two months from the date of receipt of a copy of this judgment.

The parties shall appear before the Court below without any further notice on 10.08.2015 and the Registry is directed to remit the record to the Court below."

NC: 2024:KHC:1581

3. When the matter was taken up by the trial

Court, the parties entered into a settlement and filed a

joint memo, whereby, the defendants paid a sum of

Rs.2,13,300/- by way of Demand Draft dated 07.08.2015

and the claim made by the plaintiff was settled.

Accordingly, a joint memo was filed before the trial Court

on 31.08.2015. In pursuance to the said memo, the trial

Court disposed off the matter as settled out of Court.

4. In view of such settlement recorded by the trial

Court, the present appeal would not survive. Hence, the

appeal stands dismissed.