Karnataka High Court
Sri T R Venkatesh vs M/S Ambika Rice Industries on 10 January, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:1257
RFA No. 2564 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 2564 OF 2023 (INJ)
BETWEEN:
1. SRI T R VENKATESH
AGED ABOUT 70 YEARS
S/O LATE RAMACHANDRA SETTY
2. SRI. K R ASHOK KUMAR
AGED ABOUT 66 YEARS
S/O LATE RAMACHANDRA SETTY
3. SRI. K R RAJASEKAR
AGED ABOUT 64 YEARS
S/O LATE RAMACHANDRA SETTY
4. SMT. S LAKSHMI
AGED ABOUT 70 YEARS
D/O LATE RAMACHANDRA SETTY
ALL ARE R/AT SHIVAGIRI
NEAR TUDA OFFICE 2nd CROSS
Digitally signed 3rd BLOCK KUVEMPUNAGAR
by TUMKURU 572 102.
DHANALAKSHMI
MURTHY ...APPELLANTS
Location: High
Court of (BY SRI. KARUNAKARA P.,ADVOCATE)
Karnataka
AND:
1. M/S AMBIKA RICE INDUSTRIES
A REGISTERED PARTNERSHIP FIRM
HAVING ITS HEAD OFFICE
AT NO. 40 P VEERAPPA ROAD
1st CROSS, MOUNT JOY EXTENSION
HANUMANTHANAGAR
BANGALORE 560 019.
REPRESENTED BY ITS
MANAGING PARTNER
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NC: 2024:KHC:1257
RFA No. 2564 of 2023
HANUMANTHANAGAR
SRI. K.S.SATYANARAYANASETTY
ALSO AT
M/S AMBIKA RICE INDUSTRIES
NO. 155 INDUSTRIAL SUBURB
2nd STAGE 5th MAIN
YESHWANTHPURA
BENGALURU 560 022.
2. SRINIVASA GUPTA K S
400M 6th MAIN, 10th CROSS
MAHALAKSHMI LAYOUT
BENGALURU 560 086.
3. K.S RADHAKRISHNA
AGED ABOUT 70 YEARS
NO. 14/1A, 2nd CROSS
7th MAIN, SYNDICATE BANK COLONY
KATRIGUPPE BSK 3rd STAGE
BENGALURU 560 085.
4. K.S RAMALINGA GUPTA
AGED ABOUT 83 YEARS
30/10, 9TH D CROSS
SARAKKI, J.P. NAGAR, 1ST PHASE
BENGALURU-56078.
5. K SATHYANARAYANA SETTY
NO. 40 P VEERAPPA ROAD,
1st A CROSS, MOUNT JAY EXTENSION
HANUMANTHANAGAR
BENGALURU 560 019
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.09.2023
PASSED IN COM.OS NO.502/2021 ON THE FILE OF LXXXVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.,
DISMISSING THE SUIT FOR RE-CONSTITUTION OF THE FIRM.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:1257
RFA No. 2564 of 2023
JUDGMENT
1. Office note reveals that the appeal under Section 96
of CPC is not maintainable in view of Circular dated
30.10.2017. Since the order dated 25.09.2023 is passed
by Commercial Court, the present appeal has to be filed
before the Commercial Appellate Division Bench.
2. Accordingly, the appeal is dismissed with liberty to
approach appropriate legal forum.
3. Office is directed to return the certified copy of
judgment and decree to the appellants after retaining the
Xerox copy of the same
4. In view of disposal of the main appeal, all pending
applications do not survive and the same are also disposed
of.
Sd/-
JUDGE
HA
