Sri Pradeep Kumar vs M/S Bharathi Electricals
2024 Latest Caselaw 25221 Kant

Karnataka High Court

Sri Pradeep Kumar vs M/S Bharathi Electricals on 22 October, 2024

                                             -1-
                                                         NC: 2024:KHC:42260-DB
                                                        COMAP No. 384 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                          PRESENT
                        THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                            AND
                           THE HON'BLE MR JUSTICE S RACHAIAH
                          COMMERCIAL APPEAL NO. 384 OF 2023


                BETWEEN:

                SRI. PRADEEP KUMAR,
                S/O. BHAWARLAL JAIN,
                AGED ABOUT 50 YEARS
                R/AT NO. 35, 1ST MAIN, 1ST CROSS,
                ANUBHAVANAGAR,
                MOODALPALYA,
                NAGARBHAVI MAIN ROAD,
                BANGALORE - 560 072.
                                                                   ...APPELLANT
                [BY SRI. SANTHOSH KUMAR M B., ADVOCATE (ABSENT)]

Digitally
signed by K G   AND:
RENUKAMBA
Location:       1.    M/S. BHARATHI ELECTRICALS,
High Court of         A PROPRIETORSHIP CONCERN,
Karnataka             SHOP NO.1, BUILDING NO. 10,
                      SHAKTHI COMPLEX,
                      BASEETYPET, OPP: BATA SHOW ROOM LANE,
                      CHICKPET, BANGALORE - 560 053,
                      REP. BY ITS PROPRIETOR,
                      SRI. MANOJ KUMAR SINGH.M.,
                      S/O. RISHIPAL SINGH,
                      AGED ABOUT 43 YEARS.

                2.    M/S. IMMRISSION RETAIL FIXTURE,
                      A PROPRIETORSHIP CONCERN,
                      HANUMAN TEMPLE ROAD,
                             -2-
                                       NC: 2024:KHC:42260-DB
                                      COMAP No. 384 of 2023




     SIDAPUR POST,
     VIDYARANAYPUARAM,
     BANGALORE - 560 097,
     REPRESENTED BY ITS PROPRIETOR.

3.   SRI. BHAWARLAL DAGRUMAL JAIN,
     S/O. DAGRUMAL,
     AGED ABOUT 66 YEARS,
     THE PROPRIETOR,
     M/S IMPRESSION RETAIL FIXTURE,
     HANUMAN TEMPLE ROAD,
     SIDAPURA POST,
     VIDYARANYAPURAM,
     BANGAORE - 560 097.
     R/AT NO. 17/7A,
     1ST FLOOR, 2ND MAIN,
     MARENAHALLI, VIJAYANAGAR,
     BANGALORE - 560 040.

4.   SMT. SARASWATHAMMA D.M.,
     W/O. PRADEEP KUMAR,
     AGED ABOUT 46 YEARS,
     THE PROPRIETRESS OF M/S IMPRESSION INTERIORS,
     NO.28, 1ST MAIN ROAD,
     ANUBHAVANAGAR,
     NAGARBHAVI MAIN ROAD,
     BANGALORE - 560 072.

     (RESPONDENT NO.4 HUSBAND NAME IS WRONGLY
     SHOWN AS SRI.BHAWARALAL DAGRUMAL JAIN IN
     JUDGMENT & DECREE AND CORRECT NAME IS
     PRADEEP KUMAR)
                                         ...RESPONDENTS
[BY SRI. VITTAL SHETTY.P., ADVOCATE FOR R1 (ABSENT),
    R3 & R4 ARE SERVED AND UNREPRESENTED]

      THIS COMAP IS FILED UNDER SECTION 13(1A)
COMMERCIAL COURTS ACT, 2015 R/W ORDER XLIII OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
19.07.2023 PASSED IN COM.O.S.NO.502/2019 ON THE FILE OF
LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE AND BENGALURU
CITY (CCH-87), ETC.
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                                           NC: 2024:KHC:42260-DB
                                          COMAP No. 384 of 2023




    THIS APPEAL, COMING ON FOR ORDERS, 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., 15.10.2024.

3. Therefore, the appeal is dismissed for default and

non-prosecution.

4. Pending IAs i.e., I.A.Nos.1/2023 and 1/2024 do not

survive for consideration and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC