Transport Corporation Of India, Tci ... vs Jindal Aluminium Limited
2024 Latest Caselaw 27670 Kant

Karnataka High Court

Transport Corporation Of India, Tci ... vs Jindal Aluminium Limited on 19 November, 2024

                                            -1-
                                                    NC: 2024:KHC:46841-DB
                                                   COMAP No. 440 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                         PRESENT
                         THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                            AND
                            THE HON'BLE MR JUSTICE S RACHAIAH
                           COMMERCIAL APPEAL NO. 440 OF 2022


                   BETWEEN:

                   TRANSPORT CORPORATION OF INDIA,
                   TCI FREIGHT,
                   (A DIVISION OF TRANSPORT CORPORATION OF INDIA
                   LTD.),
                   REPRESENTED BY ITS PA HOLDER,
                   MR. GIRISH KUMAR AJARIWAL,
                   S/O. SABASHCHANDRA AJARIWAL,
                   AGED ABOUT 35 YEARS,
                   REGISTERED OFFICE R/AT # 57/58,
Digitally signed   2ND CROSS ROAD,
by K G             KALASIPALAYAM NEW EXTENSION,
RENUKAMBA
Location: High
                   BENGALURU - 560 002.
Court of                                                     ...APPELLANT
Karnataka          (BY SRI. SIRAJIN BASHA, ADVOCATE (ABSENT))

                   AND:

                   1.   JINDAL ALUMINIUM LIMITED,
                        ROLLIN AND EXTRUSION DIVISION,
                        KIADB,
                        INDUSTRIAL AREA,
                        YEDEHALLI VILLAGE, TUMKUR ROAD,
                        DABASPET,
                        BENGALURU - 562 111.
                               -2-
                                        NC: 2024:KHC:46841-DB
                                      COMAP No. 440 of 2022




2.  M/S. UNITED INDIA INSURANCE CO. LTD.,
    DIVISIONAL OFFICE NO.21,
    MUSEUM ROAD,
    BENGALURU - 560 025.
                                      ...RESPONDENTS
(R1 & R2 ARE SERVED AND UNREPRESENTED)


     THIS COMAP IS FILED UNDER ORDER 41 RULE 1 OF
CPC R/W SECTION 13(1)(1A) OF THE COMMERCIAL COURT
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
01/10/2022 ON I.A. UNDER ORDER 1 RULE 10(2) OF CPC, IN
COM.O.S.NO.361/2021 PASSED BY THE LEARNED CCH - 86,
LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
COMMERCIAL COURT, BENGALURU BY ALLOWING THIS
APPEAL IN THE ENDS OF JUSTICE.

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


CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
       AND
       HON'BLE MR JUSTICE S RACHAIAH


                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

There is no appearance for the appellant even on the

second call.

2. There was no appearance for the appellant even

on the last date of hearing i.e., 24.07.2023.

NC: 2024:KHC:46841-DB

3. Hence, the appeal is dismissed for non-

prosecution and in default.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE