Karnataka High Court
Karnataka Power Corporation Limited vs M/S Anand Transport Pvt Ltd on 4 September, 2025
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NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 269 OF 2025
C/W
COMMERCIAL APPEAL NO. 272 OF 2025
COMMERCIAL APPEAL NO. 277 OF 2025
COMMERCIAL APPEAL NO. 278 OF 2025
AND
COMMERCIAL APPEAL NO. 300 OF 2025
IN COMAP No. 269/2025
BETWEEN:
Digitally
signed by 1. KARNATAKA POWER CORPORATION LIMITED
SUMATHY
KANNAN A COMPANY INCORPORATED UNDER
Location: High THE COMPANIES ACT, 1956
Court of
Karnataka HAVING ITS REGISTERED OFFICE AT NO. 82
SHAKTHI BHAVA, 6TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER (LEGAL).
2. THE SUPERINTENDING ENGINEER (FUELS)
M/S. KARNATAKA POWER CORPORATION LIMITED
NOW RECLASSIFIED AS
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NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
THE SUPERINTENDING ENGINEER (MINES)
NO. 82, SHAKTHI BHAVAN
3RD FLOOR, RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI AJAY J. NANDALIKE, ADVOCATE)
AND:
1. M/S ANAND TRANSPORT PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT MGM - CENTRE, NO.1
9TH STREET, DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI - 600 004
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & DIRECTOR
SRI VR ARUNACHALAM.
2. THE MANAGER,
AXIS BANK LTD.,
GROUND FLOOR
KARUMUTHU NILAYAM NO. 192
ANNA SALAI, CHENNAI - 600 001.
...RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 &
SRI KATTI DHIRENDRA NARASIMHA, ADVOCATE FOR R-2,
RESPONDENT No.2 IS DELETED VIDE ORDER
DATED 04.09.2025)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING
TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND
DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII
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NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
COMMERCIAL COURT, BENGALURU (CCH-83) IN COM.OS
NO.2798/2016, PRODUCED AS ANNEXURE - A & ETC.
IN COMAP NO. 272/2025
BETWEEN:
1. KARNATAKA POWER CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT NO. 82
SHAKTHI BHAVA, 6TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER (LEGAL).
2. THE SUPERINTENDING ENGINEER (FUELS)
M/S. KARNATAKA POWER CORPORATION LIMITED
NOW RECLASSIFIED AS
THE SUPERINTENDING ENGINEER (MINES)
NO. 82, SHAKTHI BHAVAN
3RD FLOOR, RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI AJAY J. NANDALIKE, ADVOCATE)
AND:
1. M/S ANAND TRANSPORT PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT MGM - CENTRE, NO.1
9TH STREET, DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI - 600 004
-4-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & DIRECTOR
SRI VR ARUNACHALAM.
2. THE MANAGER
STATE BANK OF INDIA
(FORMERLY STATE BANK OF HYDERABAD)
CHENNAI MAIN BRANCH
2ND LINE, BEACH ROAD
CHENNAI - 600 001.
...RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 &
SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2)
RESPONDENT No.2 IS DELETED VIDE ORDER DATED
04.09.2025)
THIS COMMERCIAL APPEAL IS FILED UNDER
SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT,
2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL
JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY
THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU
(CCH-83) IN COM.OS NO.5654/2016, PRODUCED AS
ANNEXURE - A & ETC.
IN COMAP NO. 277/2025
BETWEEN:
1. KARNATAKA POWER CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT NO. 82
-5-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
SHAKTHI BHAVA, 6TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER (LEGAL).
2. THE SUPERINTENDING ENGINEER (FUELS)
M/S. KARNATAKA POWER CORPORATION LIMITED
NOW RECLASSIFIED AS
THE SUPERINTENDING ENGINEER (MINES)
NO. 82, SHAKTHI BHAVAN
3RD FLOOR, RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI. AJAY J. NANDALIKE, ADVOCATE)
AND:
1. M/S ANAND TRANSPORT PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT MGM - CENTRE
NO.1, 9TH STREET, DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI - 600 004
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & DIRECTOR
SRI VR ARUNACHALAM.
2. THE MANAGER
STATE BANK OF INDIA
(FORMERLY STATE BANK OF HYDERABAD)
CHENNAI MAIN BRANCH
2ND LINE, BEACH ROAD
CHENNAI - 600 001.
...RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 &
SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2
-6-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
RESPONDENT No.2 IS DELETED VIDE ORDER DATED
04.09.2025)
THIS COMMERCIAL APPEAL IS FILED UNDER
SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT,
2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL
JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY
THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU
(CCH-83) IN COM.OS NO.5655/2016, PRODUCED AS
ANNEXURE - A & ETC.
IN COMAP NO. 278/2025
BETWEEN:
1. KARNATAKA POWER CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT NO. 82
SHAKTHI BHAVA, 6TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER (LEGAL).
2. THE SUPERINTENDING ENGINEER (FUELS)
M/S. KARNATAKA POWER CORPORATION LIMITED
NOW RECLASSIFIED AS
THE SUPERINTENDING ENGINEER (MINES)
NO. 82, SHAKTHI BHAVAN
3RD FLOOR, RACE COURSE ROAD
BENGALURU - 560 001.
-7-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
...APPELLANTS
(BY SRI AJAY J NANDALIKE, ADVOCATE)
AND:
1. M/S ANAND TRANSPORT PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT MGM - CENTRE
NO.1, 9TH STREET, DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI - 600 004
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & DIRECTOR
SRI VR ARUNACHALAM.
2. THE MANAGER
STATE BANK OF INDIA
(FORMERLY STATE BANK OF HYDERABAD)
CHENNAI MAIN BRANCH
2ND LINE, BEACH ROAD
CHENNAI - 600 001.
...RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 &
SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2
RESPONDENT No.2 IS DELETED VIDE ORDER DATED
04.09.2025)
THIS COMMERCIAL APPEAL IS FILED UNDER
SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT,
2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL
JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY
THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU
-8-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
(CCH-83) IN COM.OS NO.10244/2015, PRODUCED AS
ANNEXURE - A & ETC.
IN COMAP NO. 300/2025
BETWEEN:
1. KARNATAKA POWER CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED
OFFICE AT NO. 82
SHAKTHI BHAVA, 6TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR.
2. THE SUPERINTENDING ENGINEER (FUELS)
M/S. KARNATAKA POWER CORPORATION LIMITED
NOW RECLASSIFIED AS
THE SUPERINTENDING ENGINEER (MINES)
NO. 82, SHAKTHI BHAVAN
3RD FLOOR, RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI AJAY J. NANDALIKE, ADVOCATE)
AND:
1. M/S ANAND TRANSPORT PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
MGM - CENTRE
NO.1, 9TH STREET
-9-
NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI - 600 004
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & DIRECTOR
SRI VR ARUNACHALAM.
2. THE MANAGER
STATE BANK OF INDIA
(FORMERLY STATE BANK OF HYDERABAD)
CHENNAI MAIN BRANCH
2ND LINE, BEACH ROAD
CHENNAI - 600 001.
...RESPONDENTS
(BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 &
SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2
RESPONDENT No.2 IS DELETED VIDE ORDER DATED
04.09.2025)
THIS COMMERCIAL APPEAL IS FILED UNDER
SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT,
2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL
JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY
THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU
(CCH-83) IN COM.OS NO.10243/2015, PRODUCED AS
ANNEXURE - A & ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:34874-DB
COMAP No. 269 of 2025
C/W COMAP No. 272 of 2025
COMAP No. 277 of 2025
HC-KAR AND 2 OTHERS
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. A mediation report has been handed over to this Court,
which indicates that appellants and respondent No.1 in all these
appeals, have settled their disputes.
2. Appellant No.1 has agreed to pay the amount as agreed
in the settlement agreements filed in each of these appeals, in
three installments. The settlement in terms of the agreements
are accepted.
3. Learned counsel for the appellants has also filed a memo
seeking for deletion of respondent No.2 from the array of
parties. In view of the above memo, respondent No.2 is
deleted from the array of parties.
4. Accordingly, the present appeals are required to be
disposed of in terms of the settlement arrived at between the
parties in mediation.
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NC: 2025:KHC:34874-DB
HC-KAR AND 2 OTHERS
5. In the result, the decrees passed by the Trial Court are
modified in terms of the settlement agreement arrived at
between the parties in each of these appeals.
6. The Registry is directed to refund the Court Fee paid in
these appeals, as per rules.
7. Pending applications in these appeals, also stand disposed
of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
KS
