Karnataka High Court
Sri.S.Kuppuswamy vs M/S. Karnataka State Financial ... on 5 January, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:648-DB
MFA No. 9198 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 9198 OF 2015 (SFC)
BETWEEN:
SRI.S.KUPPUSWAMY
S/O SIVANANDAM,
NO.155/1, ARMSTRONG ROAD,
BENGALURU-560 001
...APPELLANT
(BY SRI. R K KOTHANDAPANI., ADVOCATE)
AND:
Digitally 1. M/S. KARNATAKA STATE
signed by
VEENA
KUMARI B
FINANCIAL CORPORATION
Location:
High Court
HEAD OFFICE AT NO.1/1
of Karnataka
THIMMAIAH ROAD,
NEAR CONTONMENT RAILWAY STATION,
VASANTHNAGAR,
BENGALURU-560 052
2. M/S. VEEAAR TYPES ON LINE (P) LTD
NO.158/2 ARMSTRONG ROAD,
BENGALURU-560 001
AND ALSO AT NO.331 (1ST FLOOR)
II STAGE BINNAMANGALA EXTENSION,
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NC: 2024:KHC:648-DB
MFA No. 9198 of 2015
INDIRANAGAR,
BENGALURU -560038.
3. SRI.V.DALAPATHY
S/O VENKATESHULU,
C/O SRI.VIJAYANAGAR SAMSKRUTHI,
VIDYA PEETHA, IST MAIN ROAD,
MARUTHINAGAR,
BENGALURU-560 072
4. S.BALASUBRAMANYAM
S/O SIVANANDAM, NO.155/1,
ARMSTRONG ROAD,
BENALURU-560 001
5. S.M.SUDHEENDRA
S/O MADHAVA RAO,
NO.751, PARIJATHA,
5TH BLOCK, RAJAJINAGAR,
BENGALURU-560 010
6. SMT.N.SHANKARI
W/O KUPPUSWAMY,
B-66, GROUND FLOOR,
NAL CAMPUS,
BENGALURU-560 017
7. M.S.SIVANANDAM
S/O M.ARMUGAM,
VINAYAKA POWER PRINTERS,
NO.85, (OLD NO.40/2)
ARMSTRONG ROAD,
BENGALURU-560 001
8. SMT.SHARADAMMA
W/O V.DALAPATHI,
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MFA No. 9198 of 2015
NO.77, GOVINDARAJANAGAR,
NAGARABHAVI ROAD,
VIJAYANAGAR,
BENGALURU-560 079
9. SMT.GUNABHUSHANAM
W/O LATE GOVINDARAJA PILLAI,
NO.44, FRUIT STREET,
SHIVAJINAGAR,
BENGALURU-560 001
...RESPONDENTS
(BY SRI. RAJESH SHETTY, ADVOCATE FOR R1; SRI. B. MARTIN
KUMAR, ADVOCATE FOR R6)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 32(9)
OF STATE FINANCIAL CORPORATION ACT, AGAINST THE
JUDGMENT AND DECREE DATED13.11.2015 PASSED IN MISC.
NO.699/1999 ON THE FILE OF THE XXXVII ADDITIONAL CITY
CIVIOL AND SESSIONS JUDGE (CCH-38), BANGALORE CITY,
ALLOWING THE PETITION FILED U/S 31(1)(aa) & 32 OF SFC
ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO
CONFERENCING, THIS DAY, DR. H.B.PRABHAKARA SASTRY,
J., MADE THE FOLLOWING:
ORDER
None appear in this matter either physically or
through video conference. No reasons are forthcoming for
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nonappearance of learned counsels in the matter
particularly of learned counsel for the appellant.
2. On 02.01.2024 this Court had made the
following observation:
"None appear in the matter either physically or
through Video Conference.
The appeal is of the year 2015 and till date, the
appellant has not taken steps to ensure the service
of notice upon the unserved respondents and to
comply the office objections on I.A.1/2018.
As such, finally two days time is granted to do
the needful, failing which, the Court may proceed to
pass appropriate orders, including dismissal of the
appeal for non-compliance of office objections, as
well for non-prosecution.
List the matter on 05.01.2024."
3. In spite of the above, appellant has neither
taken steps to ensure the service of notice as against
unserved respondents including bringing the legal
representatives of alleged deceased respondent No.7 nor
appeared and shown any reason for not doing needful in
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the matter. This clearly goes to show that appellant is not
interested in prosecuting this appeal which is of the year
2015 as such, one of the old appeal pending before this
roster.
Hence, appeal stands dismissed for not taking steps,
as well, for nonprosecution.
Sd/-
JUDGE
Sd/-
JUDGE
BVK
