Dilip Jugal Kishore Khadloya vs M/S Sri Raghavendra Agro Industries
2024 Latest Caselaw 26104 Kant

Karnataka High Court

Dilip Jugal Kishore Khadloya vs M/S Sri Raghavendra Agro Industries on 4 November, 2024

Author: R.Devdas

Bench: R.Devdas, M.G.S.Kamal

                                                 -1-
                                                         NC: 2024:KHC-K:8034-DB
                                                         RFA No. 200177 of 2024




                                 IN THE HIGH COURT OF KARNATAKA
                                         KALABURAGI BENCH
                             DATED THIS THE 4TH DAY OF NOVEMBER, 2024
                                              PRESENT
                                 THE HON'BLE MR. JUSTICE R.DEVDAS
                                                 AND
                                THE HON'BLE MR. JUSTICE M.G.S.KAMAL


                             REGULAR FIRST APPEAL NO. 200177 OF 2024
                      BETWEEN:

                      DILIP JUGAL KISHORE KHADLOYA
                      M/S SARASWATHI ENTERPRISES,
                      AGE: 40 YEARS,
                      GSTN: 27AIIPK1304MIZA,
                      FLAT NO.201 KIRTI COMPLEX -3,
                      NIKALAS MANDIR ROAD,
                      ITWARI-440002 (MAHARASHTRA).
                                                                     ...APPELLANT
                      (BY SRI MAHANTESH PATIL, ADVOCATE)

                      AND:
Digitally signed by
SHIVALEELA
DATTATRAYA UDAGI      M/S SRI RAGHAVENDRA AGRO INDUSTRIES
Location: HIGH        GSTN NO.29ABLFS2290Q2Z7,
COURT OF
KARNATAKA             C/O SAVITRI GROUP GADWAL ROAD, RAICHUR,
                      DULY REPRESENTED BY ITS PARTNER,
                      SAVITRI SIKARNAG
                      S/O SAVITRI PURUSHOTTAM,
                      AGED ABOUT 40 YEARS,
                      R/O RAICHUR-584102.
                                                                   ...RESPONDENT

                             THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
                      96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
                      DECREE    DATED   13.09.2024   PASSED   BY   THE   LEARNED
                                -2-
                                         NC: 2024:KHC-K:8034-DB
                                        RFA No. 200177 of 2024




PRINCIPAL DISTRICT AND SESSIONS JUDGE & COMMERCIAL
COURT AT RAICHUR IN COMMERCIAL O.S NO.22/2022 AND
CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR. JUSTICE R.DEVDAS
         AND
         HON'BLE MR. JUSTICE M.G.S.KAMAL

                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE R.DEVDAS)

Having regard to the office objections raised

regarding maintainability of the appeal in view of the

appeal remedy available under Section 13(1A) of the

Commercial Courts Act, learned counsel for the appellant

seeks leave of this Court to withdraw this appeal while

seeking liberty to file appropriate appeal in terms of the

provision.

Accordingly, the appeal is dismissed as withdrawn

while reserving liberty to the appellant to file an appeal in

terms of the said provision.

NC: 2024:KHC-K:8034-DB

Certified copy of the impugned order may be

returned to the appellant while retaining a copy for the

records.

Sd/-

(R.DEVDAS) JUDGE

Sd/-

(M.G.S.KAMAL) JUDGE

SDU

CT:PK