Dismissed¶65

M/s Nagarjuna Construction Company Ltd., v. M/s. Sharat Industries Ltd., Previously Known as Sharat Sea

Andhra Pradesh HC24 Apr 2025AS/40/2013

Case brief

AI extract

What is this about?

Andhra Pradesh High Court Amaravati; First Appeal / Appeal Suit under Section 96 CPC; Sharat Industries Ltd v Nagarjuna Construction Co Ltd (NCC Limited); O.S.No.21 of 1998; O.S.No.28 of 1998; I Additional District Judge Nellore; judgment and decree dated 02-04-2012; dismissed as not pressed; settled out of Court; dismissed for default; no order as to costs; token damages Rs. 10,00,000 with 12% interest; stay petition Section 151 CPC; AS.MP.No.92 of 2013; miscellaneous petitions closed.

What did the court decide?

None; all three appeals dismissed — A.S.Nos.1091 of 2012 and 24 of 2013 as not pressed (matters reported settled out of Court), and A.S.No.40 of 2013 for default; no order as to costs; pending miscellaneous petitions closed. ¶65

M/s Nagarjuna Construction Company Ltd., Vs… — Company and Corporate | Andhra Pradesh HC (2025)

¶1

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

¶3

FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND

¶6

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶7

FIRST APPEAL NOS: 1091 OF 2012, 24 & 40 OF 2013

¶8

AS.NO.1091 OF 2012

¶9

Appeal filed under Section 96 of C.P.C, aggrieved by^{theJudgmentand} decree dated 02-04-2012 made in O.S.No.21 of 1998 on^{thefileoftheCourt} of the I Additional District Judge, Nellore.

¶10

BETWEEN:-

¶11

M/s. Sharat Industries Ltd.,, a Cd'mpciny Incorporated under the Companies Act. 1956, having its registered office df Venkannapalem,^{T.P.Gudur,Nellore,} rep. by its Managing Director, Sabbella Prasad Reddy,^S/o. Venkara Reddy, Aged: 56 yrs, R/o. H.No. 16/375W2, Ramalingapuram,^{Nellore-524003.}

¶12

...APPELLANT/PLAINTIFF

¶13

AND

¶14

M/s. Nagarjuna Construction Co. Ltd.,, a Company Incorporated^underthe Companies Act, 1956, having it? registered office at 41, Nagarjuna Hills, Punjagutta, Hyderabad Rep. by its Managing Director.

¶15

...RESPONDENT/DEFENDANT

¶16

Counsel for the Appellant(s):- SRI. S. SRINIVAS REDDY

¶17

Counsel for the Respondents:- SRI. KOWTURU PAVAN KUMAR /■ FIRST appeal NO: 24 OF 2013

¶18

Appeal filed under Section 96 of C.P.C, aggrieved by the Judgment and decree dated 02-04-2012 made in O S.No.28 of 1998 on the file of the Court of the I Additional District Judge, Nellbre.

¶19

BETWEEN:

¶20

M/S. Sharat Industires Ltd., a Company incorporated, under the companes Act, 1956, having its registered offic^e at Venkannapalem,^{T.P.Gudur,Nellore} , Rep.byits Managing Director, Sabbella Prasad Reddy,^{S/oVenkataReddy,} aged about 56 years, R/o H.NOi16/375-A/2, Ramalingapuram, Nellore-524 003.

¶21

...APPELLANT/DEFENDANT

¶22

M/s. Nagarujna Construction Co. Ltd.,, A Company Incorporated^underthe Companies Act, 1956, having its Registered office at^41, Nagarjuna Hills, Punjagutta, Hyderabad, rep.by its Managing Director.

¶23

...RESPONDENT/PLAINTFF

¶24

Counsel for the Appellant(s):- SRI; S. SRINIVAS REDDY

¶25

Counsel for the Respondents:-SIRI. KOWTURU PAVAN KUMAR

¶26

FIRST APPEAL NO: 40 OF 2013

¶27

Appeal filed under Section 96 of C.P.C, against the Judgment and Decree passed in O.S.No.21 of 1998 dated 02-04-2012^on the file of the Hon'ble I Addl. District Judge, Nellore.

¶28

BETWEEN:-

¶29

M/s Nagarjuna Construction Company Ltd.,, Having Its Regd. Office at 41, Nagarjuna Hills, Punjagutta, Hyderabad, (Presently^{M/s.NCCLimited,Having} Its Regd Office at NCC House, Sy.No.64, Madhapur, Hyderabad^500081, Rep., by Mr. M.V.Srinvasa Murthy, Company Secretary-Cum-Sr. Vice President-Legal.

...APPELLANT

AND

M/s. Sharat Industries Ltd., Previously Known as Sharat Sea, Foods Ltd., Rep. by its Managing •Director, Sri.S.Prasad Reddy, 16-375/A/2, Ramalingapuam, Nellore.

¶34

...RESPONDENTS

¶35

>*^^1 A. NO: 1 OF 2013 (AS.MP. NO: 92 OF 2013J

¶36

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to stay the operation of the Judgment and decree^passedinOS NO. 21 of 1998 dated 2.4.2012 on the file of the Hon'ble I Addl. District Judge, Nellore, to the extent it directed the petitioner^{topaytokendamages} of Rs. 10,00,000/(Rupees ten Lakshs only) to the respondent with subsequent interest @ 12% p a from the date of suit till the date of realization, pending disposal of the appeal.

¶37

Counsel for the Appellant(s):- SRI. KOWTURU PAVAN KUMAR

¶38

Counsel for the Respondents:- SRI. S. SRINIVAS REDDY

¶39

The Court made the following:

¶40

¶41

¶42

THE HONOURABLE SRi JUSTICE RAVI NATH TILHARI

¶43

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶44

APPEAL SUIT NOs: 1091 of 2012, 24 & 40 of 2013

¶45

COMMON JUDGMENT: (per Ravi Nath Tilhari, J)

¶46

Sri S.Kartheek, learned counsel representing Sri S.Srinivas Reddy, learned counsel submits that the matters have been settled out of Court during the pendency of the appeals. He submits that the appeals^{bedismissedasnot} pressed.

¶47