Karnataka High Court
Mr S Vikram Singh vs M/S Disha Loharuka Infra Projects on 21 November, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:47241
MFA No. 6385 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.6385 OF 2024 (CPC)
BETWEEN:
1. MR. S. VIKRAM SINGH,
S/O B.SUDARSHAN SINGH,
AGED ABOUT 41 YEARS,
RESIDING AT FLAT NO.C-603,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
2. MR. CHANCHAL CHATTERJI,
S/O MUKTESHWAR CHATTERJI,
AGED ABOUT 50 YEARS,
RESIDING AT FLAT NO.D-702,
SOLARIS APARTMENT,
Digitally signed
24 BANNERGHATTA MAIN ROAD,
by DEVIKA M BEHIND INDIAN OIL PETROL PUMP,
Location: HIGH GOTTIGERE, BENGALURU-560083.
COURT OF
KARNATAKA 3. MR. NILOY PAUL,
S/O NARAYAN PAUL,
AGED ABOUT 46 YEARS,
RESIDING AT FLAT NO.C-1703,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
4. MR. KONCHADY GAUTAM SHENOY,
S/O KONCHADY GANAPATHY SHENOY,
AGED ABOUT 38 YEARS,
RESIDING AT FLAT NO.C-403,
SOLARIS APARTMENT,
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MFA No. 6385 of 2024
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
5. MR. KAMAL SINGH KUSHWAHA,
S/O RAMJEET SINGH,
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO.C-804,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
6. MR. A. BHASKAR,
S/O ANNASWAMY SUNDARAN,
AGED ABOUT 55 YEARS,
RESIDING AT FLAT NO.D-204,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
7. MR. ABHINAV,
S/O RAJNITI PANDEY,
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO.C-1204,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD
BEHIND INDIAN OIL PETROL PUMP
GOTTIGERE, BENGALURU-560083.
8. MR. ABHISHEK KUMAR MISHRA,
S/O AWADHESH KUMAR MISHRA,
AGED ABOUT 40 YEARS,
RESIDING AT FLAT NO.D-1602,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
9. MS. NIMMI PRAKASH,
D/O PRAKASH CHANDRA MISHRA,
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO.C-404,
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MFA No. 6385 of 2024
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
10. MR. MOHAMMED IRFAN G.,
S/O GOUSMOHDIN
AGED ABOUT 39 YEARS,
RESIDING AT FLAT NO.D-1004,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
11. MR. SUNDEEP ARUNKUMAR NAIDU,
S/O ARUNKUMAR N NAIDU,
AGED ABOUT 51 YEARS,
RESIDING AT FLAT NO.D-1903,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
12. MR. BRIJESH LAKSHMAN,
S/O C. LAKSHAMAN,
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO.C-1201,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
13. MR. MURTUZA,
S/O FAKHRUDDIN MOHAMMEDALI SADRIWALA,
AGED ABOUT 46 YEARS,
RESIDING AT FLAT NO.D-903,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083
14. MR. VINCIL ANTHONY RODRIGUES,
S/O LEO GERAL RODRIGUES ,
AGED ABOUT 42 YEARS,
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MFA No. 6385 of 2024
RESIDING AT FLAT NO.C-1401,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083.
15. MS. HARSHITA SINGHAL,
W/O PRADYUMAN AGARWAL,
AGED ABOUT 28 YEARS,
RESIDING AT FLAT NO.D-1901,
SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083
APPELLANTS NO.2 TO 15 ARE
REPRESENTED BY THEIR POA
HOLDER I.E., APPELLANT NO.1.
16. SOLARIS RESIDENTS' WELFARE ASSOCIATION
REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960
HAVING OFFICE AT SOLARIS APARTMENT,
24 BANNERGHATTA MAIN ROAD,
BEHIND INDIAN OIL PETROL PUMP,
GOTTIGERE, BENGALURU-560083,
REPRESENTED BY ITS PRESIDENT
MR. S. VIKRAM SINGH.
...APPELLANTS
(BY SMT. BEENA P.K., ADVOCATE)
AND:
1. M/S. DISHA LOHARUKA INFRA PROJECTS,
A PARTNERSHIP FIRM REGISTERED UNDER THE
INDIAN PARTNERSHIP ACT, 1932
HAVING ITS REGISTERED OFFICE
AT ABHIJIT COURT, 'B' WING,
4TH FLOOR, BHANDARKAR ROAD,
SHIVAJI NAGAR,
PUNE - 411 004, MAHARASHTRA.
REPRESENTED BY ITS PARTNERS I.E.,
RESPONDENTS NO. 2 AND 3.
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MFA No. 6385 of 2024
2. MR. RAJESH KRISHNA CHILLAL,
S/O NOT KNOWN TO APPELLANTS
AGED MAJOR,
PARTNER,
M/S. DISHA LOHARUKA INFRA-PROJECTS
R/A PLOT NO.10,
GAURI SHANKAR SOCIETY,
S.NO.17, DHANKAWADI,
PUNE - 411 043, MAHARASHTRA.
3. MR. AVIJIT SEN,
S/O NOT KNOWN TO APPELLANTS,
AGED ABOUT 35 YEARS
PARTNER,
M/S. DISHA LOHARUKA INFRA-PROJECTS
R/A CA-16/2, DESHBANDHU NAGAR,
BAGUATI, KOLKATA - 700059.
4. DISHA DEVELOPERS PRIVATE LIMITED,
COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956.
HAVING OFFICE AT 4, FAIRLIE PLACE,
6TH FLOOR, ROOM NO.607,
KOLKATA-700001,
REPRESENTED BY ITS DIRECTORS.
5. LOHARUKA INFRASTRUCTURE PRIVATE LIMITED,
COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956.
HAVING OFFICE AT LOHARUKA NIKET DC-9/28,
SHASTRI BAGAN P.O. DESHBANDHU NAGAR,
KOLKATA, 700059
REPRESENTED BY ITS DIRECTORS.
6. MR. KAMAL KISHORE SABOO,
S/O LATE RAM NIVAS SABOO,
AGED 66 YEARS,
RESIDING AT NO.45/4,
FAIR FIELD LAYOUT,
RACE COURSE ROAD,
BENGALURU-560001.
7. DR. G.V. HONNAPPA,
S/O LATE G.S. VENKATAPPA,
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AGED 84 YEARS,
RESIDING AT DR.HONNAPPA FARM HOUSE,
GOTTIGERE VILLAGE,
BANNERGHATTA ROAD,
BENGALURU - 560083.
8. DR. G.V.KRISHNAMURTHY,
S/O LATE G.S.VENKATAPPA
AGED 73 YEARS
RESIDING AT NO.73, KRISHNA,
OPP. TO POST OFFICE,
GOTTIGERE VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU - 560083.
9. MR. G.V. SHANKAR,
S/O LATE G.S.VENKATAPPA,
AGED 66 YEARS,
RESIDING AT GOTTIGERE VILLAGE,
UTTARAHALLI HOBLI
BENGALURU - 560083.
10. MS. G.V. NAGARATHNA,
D/O LATE G.S.VENKTAPPA,
AGED 70 YEARS,
RESIDING AT NO.1562,
16TH A MAIN, JP NAGAR 2ND PHASE,
BENGALURU - 560078.
11. MS. G.V. SHARADAMMA @ J.N. SHARADA,
D/O LATE G.S.VENKATAPPA
AGED 68 YEARS,
RESIDING AT NO.14/478,
GANDHI ROAD, MADANAPALLI POST,
CHITTOOR DISTRICT
ANDHRA PRADESH-517325.
12. MR. T.R. MANJUNATH,
S/O. DR. T.M. RAMESH,
AGED 61 YEARS,
RESIDING AT NO.745,
37TH F CROSS ROAD,
16TH MAIN ROAD,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041.
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13. DR. G.V. KRISHNAMURTHY,
S/O LATE G.S.VENKATAPPA,
AGED 74 YEARS,
RESIDING AT 73,
BANNERGHATTA MAIN ROAD
OPP. POST OFFICE, GOTTIGERE,
UTTARAHALLI HOBLI,
BENGALURU-560083.
14. G.K. NAGENDRA PRASAD @ G.K.N.PRASAD,
S/O. DR. G.V. KRISHNAMURTHY,
AGED 39 YEARS,
RESIDING AT 73,
BANNERGHATTA MAIN ROAD,
OPP. POST OFFICE, GOTTIGERE,
UTTARAHALLI HOBLI,
BENGALURU - 560083.
15. MR. GOTTIGERE K. YOGISH,
S/O. DR. G.V. KRISHNAMURTHY,
AGED 37 YEARS,
RESIDING AT NO.745,
37TH F CROSS ROAD,
16TH MAIN ROAD,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560041.
16. MS. SWETHA GOTTIGERE K.,
S/O. DR. G.V. KRISHNAMURTHY,
AGED 33 YEARS,
RESIDING AT 73,
BANNERGHATTA MAIN ROAD
OPP. POST OFFICE, GOTTIGERE,
UTTARAHALLI HOBLI,
BENGALURU - 560083.
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
13.08.2024 PASSED ON I.A.NO.1 TO 3 IN O.S.NO.1393/2024
ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU
RURAL, BENGALURU, ISSUEING SUIT SUMMONNS AND
EMERGENT NOTICE ON IA NO.I, II AND III TO THE
DEFENDANTS THROUGH COURT AND RPAD IF PF PAID.
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MFA No. 6385 of 2024
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel for the appellants seeks permission of
this Court to withdraw the appeal with liberty to file the same
before the appropriate forum.
2. Hence, the miscellaneous first appeal is dismissed as
withdrawn with liberty as sought.
Sd/-
(H.P.SANDESH)
JUDGE
MD
