Dismissed

M/S.Maruthi Chemicals and Fertilizers v. M/S.Rashtriya Chemicals

Karnataka HC24 Jan 2019RFA/100012/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka heard a regular first appeal filed under Section 96 CPC against a money recovery decree. The appellant sought to withdraw the appeal due to an out-of-court settlement and was granted a refund of 75% of the court fee.

What did the court decide?

The appeal was dismissed as withdrawn; 75% of the court fee was directed to be refunded to the appellant.

M/S.Maruthi Chemicals and Fertilizers Vs… — Contract and Commercial Disputes | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF JANUARY 2019

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE BELLUNKE A.S.

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REGULAR FIRST APPEAL No.100012/2014 (REC. OF MONEY)

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BETWEEN

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M/S.MARUTHI CHEMICALS AND FERTILIZERS, R/O.NEW MUNCIPAL STALLS, K C ROAD, OPPOSITE CHAMBER OF COMMERCE BUILDING, BELLARY

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R/BY ITS PROPRIETOR,

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P MALLIKARJUNA REDDY.

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P MALLIKARJUNA REDDY, S/O. HAMPI REDDY

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AGE: 61 YEARS, OCC: BUSINESS, R/O. M/S. MARUTHI CHEMICALS AND FERTILIZERS, NEW MUNCIPAL STALLS, K C ROAD, OPP. CHAMBER OF COMMERCE BUILDING, BELLARY.

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..... APPELLANTS

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(BY SRI K L PATIL AND SRI S S BETURMATH, ADVs.)

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AND

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M/S.RASHTRIYA CHEMICALS & FERTILIZERS LIMITED REGD OFFICE AT: PRIYADARSHINI EASTERN EXPRESS HIGHWAY, SION TROMBAY ROAD, MUMBAI

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AREA OFFICE AT 1.10.140, IST FLOOR, KALLUR COLONY, STATION ROAD, RAICHUR, R/BY ITS MARKETING MANAGER SRI J.K. RATHOD S/O. KUVARJI.

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P VISHWA PRASAD REDDY S/O. P MALLIKARJUNA REDDY, AGE: MAJOR, OCC: BUSINESS, R/O. M/S. MARUTHI CHEMICALS AND FERTILIZERS, NEW MUNCIPAL STALLS, K C ROAD, OPP. CHAMBER OF COMMERCE BUILDING, BELLARY.

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..... RESPONDENTS

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(BY SRI DINESH M KULKARNI, ADV. R-1 R-2 IS SERVED)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 11.10.2013 PASSED IN O.S.NO.27/2005 ON THE FILE OF THE SECOND ADDL. SENIOR CIVIL JUDGE AT BELLARY DECREEING THE SUIT FILED FOR RECOVERY OF MONEY.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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Learned counsel for the appellant has filed a memo seeking to withdraw the appeal on account of settlement arrived at out of the Court between the parties. He submits that appellant may be permitted to withdraw the appeal and the Court fee may be refunded.

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Submission is placed on record.

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The appeal is dismissed as withdrawn as

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it is settled out of the Court.

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In view of the withdrawal of the appeal at this stage, 75% of the Court fee is directed to be refunded to the appellant after due verification in terms of Section 66(2) of the Karnataka Court Fees and Suits Valuation Act, 1958.

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Sd/JUDGE

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Sd/JUDGE

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Naa

M/S.Maruthi Chemicals and Fertilizers v. M/S.Rashtriya Chemicals

Case brief

What is this about?

What did the court decide?

M/S.Maruthi Chemicals and Fertilizers v. M/S.Rashtriya Chemicals

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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