Karnataka High Court
Mvj College Of Engineering vs Living Waterefine Technologies Pvt Ltd on 29 October, 2024
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NC: 2024:KHC:43589-DB
COMAP No. 490 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
COMMERCIAL APPEAL NO. 490 OF 2022
BETWEEN:
MVJ COLLEGE OF ENGINEERING,
VENKATESHA EDUCATION TRUST,
HAVING ITS OFFICE AT
CHENNASANDRA MAIN ROAD,
NEAR ITBP WHITEFIELD,
KADUGODI,
BENGALURU - 560 067.
REPRESENTED HEREIN BY ITS CHAIRMAN,
Digitally signed MR. M.J. BALACHANDAR.
by K G
RENUKAMBA ...APPELLANT
Location: High (BY SMT. MANASI KUMAR, ADVOCATE)
Court of
Karnataka
AND:
LIVING WATEREFINE TECHNOLOGIES PVT. LTD.,
A COMPANY HAVING ITS REGISTERED
OFFICE AT 9/1, DHANAKOTTI RAJA STREET,
EKKADUTHANGAL,
CHENNAI - 600 032, INDIA
AND CORPORATE OFFICE AT # 47, 1ST FLOOR,
NORTH UNIT, EVERGREEN LAYOUT,
KOTHANUR, BENGALURU - 560 077.
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COMAP No. 490 of 2022
REPRESENTED HEREIN BY ITS
AUTHORIZED REPRESENTATIVE.
...RESPONDENT
(BY SRI. C.K.DHARANEESWARAN, ADVOCATE)
THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF
THE COMMERCIAL COURTS ACT, 2015 R/W ORDER 41 RULE
1 OF THE CPC, 1908, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 23.09.2022 PASSED BY THE
LXXXVI ADDL. CITY CIVIL JUDGE AT BENGALURU (CCH-87)
IN COM. OS. NO. 25013/2019, ETC.
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)
The challenge in this appeal is to a judgment and
decree dated 23.09.2022 in Com.OS No.25013/2019 on
the file of LXXXVI Addl. City Civil Judge, Bengaluru
(CCH-87) ('Trial Court' for short).
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2. Suffice to state, the Trial Court has decreed the
suit in the following manner:
"O R D E R
The suit of the plaintiff is hereby partly decreed
with costs.
It is ordered and decreed that the defendant is
liable to pay to the plaintiff the principal sum of
Rs.8,43,402/- being the balance amount towards
refurbishing of STP with interest at the rate of 9%
p.a on the said amount from 06.09.2017 till
realization.
It is hereby further ordered and decreed that
the defendant is also liable to pay the principal sum
of Rs.8,82,050/- being the balance amount for
Operation & Maintenance of STP with interest at the
rate of 9% p.a on the said sum from 21.09.2018 till
realization.
The counter claim of the defendant for a sum
of Rs.21,74,468/- with interest at the rate of 24%
p.a is hereby dismissed.
Draw the decree accordingly.
The office is hereby directed to send copy of
this order to the parties to the proceedings to their
respective email ID as required under order 20 rule 1
of CPC and as amended under section 16 of the
Commercial Courts Act, 2015."
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3. We have heard the learned counsel for the
appellant and learned counsel for the respondent for quite
some time. It is noted that the counsel for the appellant
as well as counsel for the respondent have filed
applications under Order XLI Rule 27 read with Section
151 of CPC for bringing on record the additional evidence.
In other words, they are relying upon additional
documents, which were not there before the Trial Court in
support of their stand in this appeal.
4. At this stage, learned counsel for the parties agree
that the judgment and decree dated 23.09.2022 be set
aside and parties be relegated back to the Trial Court for
fresh consideration of the suit on the basis of additional
documents which they have filed before this Court to
enable the Trial Court decide the suit afresh.
5. Noting the submission made by the learned
counsel for the parties, we set aside the judgment and
decree dated 23.09.2022 passed by the Trial Court in
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Com.O.S. No.25013/2019 and relegate the parties to the
Trial Court, before whom they would appear on
28.11.2024, for a fresh decision in the suit after
considering the additional documents, which they shall file
before the Trial Court.
6. The Counsel request that the Trial Court be
directed to decide the suit afresh in terms of the order
passed by this Court within a stipulated time period.
Noting the said submission, the Trial Court is directed to
decide the suit afresh within six months from 28.11.2024
as an outer limit.
7. The Registry shall communicate this order to the
Trial Court.
8. Learned counsel for the respondent states that the
execution proceedings initiated by the respondent shall be
withdrawn in view of the order passed by this Court. The
submission is taken on record.
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9. It goes without saying that the Trial Court shall
decide the suit in accordance with law.
Appeal is disposed of.
Pending IAs are disposed of as infructuous.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
PA
