Bangalore Refinery Private Limited vs Parekh Industries Limited
2024 Latest Caselaw 12550 Kant

Karnataka High Court

Bangalore Refinery Private Limited vs Parekh Industries Limited on 5 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                             NC: 2024:KHC:19471
                                                           MFA No. 5623 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 5TH DAY OF JUNE, 2024

                                               BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 5623 OF 2021 (CPC)
                      BETWEEN:

                      BANGALORE REFINERY PRIVATE LIMITED,
                      HAVING ITS REGISTERED OFFICE AT
                      NO.6/1, PLOT NO.20A,
                      1ST CROSS, I PHASE,
                      PEENYA INDUSTRIAL AREA,
                      BANGALORE - 560 058.
                      REPRESENTED BY ITS DIRECTOR
                      MR.KETAN S DHRUV.
                                                                   ...APPELLANT
                      (BY SRI MADHU N. RAO, ADVOCATE (ABSENT))

                      AND:

                      PAREKH INDUSTRIES LIMITED,
Digitally signed by
                      HAVING ITS REGISTERED OFFICE
GEETHAKUMARI          PRINCE HOUSE, NO.51/3,
PARLATTAYA S
Location: High        MAROL CO-OP INDUSTRIAL ESTATE,
Court of Karnataka
                      M.V.ROAD,
                      ANDHERI EAST,
                      MUMBAI - 400 059.
                                                                  ...RESPONDENT
                      (BY SRI A.KESHAVA BHAT, ADVOCATE FOR C/R)

                             THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                      1908 AGAINST THE ORDER DATED 13.08.2020 PASSED ON I.A.
                      NO.1 IN O.S.NO.25809/2020 ON THE FILE OF THE LVII
                                 -2-
                                              NC: 2024:KHC:19471
                                           MFA No. 5623 of 2021




ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL
UNIT, BENGALURU (CCH .NO. 58), DISMISSING THE I.A. NO.1
FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH
SECTION 151 OF CPC.

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

                            JUDGMENT

Though appeal was filed on 26.11.2020, appellant is not

able to serve caveator despite grant of sufficient time, which

would indicate that appellant is not diligent in pursuing appeal.

Learned counsel for appellant seeks further time.

Since sufficient time already granted, appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

MKM