Dismissed

M/S Asian Fabtech Pvt. Ltd. v. Sri Ramanaidu

Karnataka HC14 Sept 2021MFA/3045/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, through video conferencing, heard an appeal against an interim order. The court held the appeal was not maintainable due to lack of pecuniary jurisdiction as the suit valuation fell under Section 19 of the Karnataka Civil Courts Act and ordered registry to return the memo to the proper court.

What did the court decide?

The appeal memo was returned to the registry to be presented before the proper court.

M/S Asian Fabtech Pvt. Ltd. Vs Sri Ramanaidu — Civil Procedure and Limitation | Karnataka HC (2021)

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M.F.A.No.3045/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF SEPTEMBER 2021

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BEFORE

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THE HON’BLE MRS JUSTICE K.S.MUDAGAL

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MISCELLANEOUS FIRST APPEAL NO.3045/2021 (CPC)

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BETWEEN:

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M/S. ASIAN FABTECH PVT. LTD. MANUFACTURER LPG CYLINDERS FABRICATION & POWER PROJECT WORKS FLAT NO.15, 2^ND PHASE PEENYA INDUSTRIAL AREA DASARAHALLI, BENGALURU- 560 058 REP. BY ITS AUTHORIZED SIGNATORY SRI K.V.SHIVASHANKAR …APPELLANT

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(BY SRI RAGHAVENDRA.H.S. ADVOCATE)

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AND:

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SRI RAMANAIDU AGED ABOUT 60 YEARS S/O. LATE NAGAMADA NAIDU R/AT RAMAMANDIR STREET HANUR TOWN CHAMARAJANAGAR DISTRICT …RESPONDENT

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THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER XLIII RULE 1(R) OF CIVIL PROCEDURE CODE, 1908 PRAYING TO SET ASIDE THE ORDER DATED 25.05.2021 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, KOLLEGAL, CHAMARAJANAGAR DISTRICT IN O.S.NO.52/2021 ON I.A.NO.1/2021.

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THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCING DELIVERED THE FOLLOWING:

M.F.A.No.3045/2021

J U D G M E N T

Heard the appellant’s Counsel on maintainability of the appeal.

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This appeal arises out of interim order passed in O.S.No.52/2021 on the file of the Principal Civil Judge & J.M.F.C., Kollegala. The valuation slip filed in O.S.No.52/2021 shows that the suit was valued at Rs.1,000/-.

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Learned Counsel for the appellant submits

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that Section 19 of the Karnataka Civil Courts Act, 1964 (‘the Act’ for short) applies only to decrees and not for orders.

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Section 19 of the Act deals with appeals from

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decrees as well as orders passed in the original suits or the proceedings. As per Section 19(1) of the Act, when the subject matter of the suit does not exceed Rs.10,00,000/-, the appeal lies to the District Court. Therefore the appeal is not maintainable for want of pecuniary jurisdiction. Office objection is upheld.

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M.F.A.No.3045/2021

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Registry shall return the appeal memo for

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presentation before the proper Court. The appeal is disposed of accordingly.

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Sd/JUDGE

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KSR

M/S Asian Fabtech Pvt. Ltd. v. Sri Ramanaidu

Case brief

What is this about?

What did the court decide?

M/S Asian Fabtech Pvt. Ltd. v. Sri Ramanaidu

Case brief

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What did the court decide?

What the court decided

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