M/S S S A Constructions vs M/S. Omkara Assets Reconstruction Pvt. ...
2024 Latest Caselaw 27658 Kant

Karnataka High Court

M/S S S A Constructions vs M/S. Omkara Assets Reconstruction Pvt. ... on 19 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2024:KHC:46665
                                                       RFA No. 1425 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR FIRST APPEAL NO. 1425 OF 2013 (DEC)

                   BETWEEN:

                   1.    M/S. S.S.A. CONSTRUCTIONS,
                         A REGISTERED PARTNERSHIP FIRM
                         NO.1408, 11TH MAIN,
                         MAHALAKSHMIPURAM,
                         WEST OF CHORD ROAD, 2ND STAGE,
                         BANGALORE-560 086
                         REPRESENTED BY ITS MANAGING PARTNER,
                         SRI G. GOPAL REDDY
                         S/O LATE G. VENKU REDDY
                         AGED ABOUT 64 YEARS

                                                                ...APPELLANT

                              (BY SRI. PANIRAJ KASHYAP, ADVOCATE)
Digitally signed   AND:
by DEVIKA M
Location: HIGH     1.    M/S. OMKARA ASSETS RECONSTRUCTION PVT. LTD.,
COURT OF                 A COMPANY INCORPORATED UNDER
KARNATAKA                THE COMPANIES ACT, 1956,
                         REGISTERED AS A SECURITIZATON AND
                         ASSETS RECONSTRUCTION COMPANY
                         REGISTERED OFFICE AT
                         NO.9, P.M.NAGAR 1ST STREET,
                         KONGU NAGAR EXTENSION,
                         TIRUPUR-641 607, TAMIL NADU.

                         (AMENDED VIDE COURT ORDER DATED 13.01.2021)
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                                       NC: 2024:KHC:46665
                                     RFA No. 1425 of 2013




2.   M/S. SREE SURYA CONSTRUCTIONS
     A PARTNERSHIP FIRM
     NO.408, II FLOOR, OPP: TO SBI,
     NEAR BANK OF MAHARASHTRA,
     VEDHYAPALAM, NELLORE-4
     ANDHRA PRADESH,
     REPRESENTED BY ITS MANAGING PARTNER,
     SRI D. MALLIKARJUNA REDDY,
     S/O LATE D. SUNDARA RAMI REDDY.

3.   M/S. MSK SURYACON-JV
     A JOINT VENTURE FIRM
     NO.408, II FLOOR, OPP: TO SBI,
     NEAR BANK OF MAHARASHTRA,
     VEDHYAPALAM, NELLORE-4,
     ANDHRA PRADESH
     REPRESENTED BY ITS MANAGING PARTNER
     SRI D. MALLIKARJUNA REDDY
     S/O LATE D. SUNDARA RAMI REDDY

4.   M/S. M.S. KHURANA ENGINEERING LTD.,
     A COMPANY REGISTERED UNDER THE
     PROVISIONS OF THE COMPANIES ACT,
     III FLOOR, JAY TOWERS,
     ANKUR COMPLEX, NARANPURA,
     AHMEDABAD-380 013,
     REPRESENTED BY ITS MANAGING PARTNER,
     SRI ASHISH KHURANA.
                                         ...RESPONDENTS

     (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE FOR C/R2;
       SRI SIVARAMA KRISHNAN M.S., ADVOCATE FOR R1;
               R3 - SERVED AND UNREPRESENTED;
                VIDE ORDER DATED 24.04.2019,
                NOTICE TO R4 HELD SUFFICIENT)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 02.09.2013
PASSED IN O.S.25808/2012 ON THE FILE OF XXVIII ADDL.
CITY CIVIL JUDGE, MAYO HALL, BENGALURU, ALLOWING THE
APPLICATION FILED UNDER ORDER 7 RULE 11(d) OF CPC.
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                                              NC: 2024:KHC:46665
                                            RFA No. 1425 of 2013




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

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellant is absent and not filed

the amended cause title and paper book, inspite of matter was

admitted in the year 2015.

This Court, vide order dated 25.01.2019, granted three

weeks time to file paper book and inspite of it, till date the

paper book is not filed.

Hence, the appeal is dismissed for non-filing of amended

cause title and non-filing of paper book.

Sd/-

(H.P.SANDESH) JUDGE

ST