The High Court of Karnataka dismissed the special first appeal filed under Section 32(9) of the State Financial Corporation Act as the appeal was not pressed, noting a settlement had been reached.
Procedural dismissal of the appeal; direction to close Execution Case No.17/2017.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE P.N.DESAI
M.F.A.No.8579/2016 (SFC)
BETWEEN :
M.RAJESH @ RAJESH MALLICK S/O LATE MALLANNA @ MALLICK AGED 47 YEARS KALPATHUR MONARCH FLAT 306, SRI KRISHNA KRUPA BADRAPPA LAYOUT, TATA NAGAR BANGALORE-560092. ...APPELLANT
(BY SRI M.ARUN PONAPPA, ADV.)
AND :
(BY SRI VINAYA KUMAR.G.S., ADV. FOR R-1; R-2 – SERVED)
THIS M.F.A. IS FILED UNDER SECTION 32(9) OF THE STATE FINANCIAL CORPORATION ACT, AGAINST THE JUDGMENT DATED 29.07.2015 PASSED IN MISC.No.1/2010 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, CHAMARAJANAGAR, ALLOWING THE PETITION FILED UNDER SECTION 31[A][aa] AND SECTION 32 OF THE STATE FINANCIAL CORPORATION ACT.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant has filed a
memo which reads thus:
“The undersigned counsel for the appellant herewith produces a copy of the communication dated 08.03.2021 of the first respondent, which is self explanatory. In view of the assurance held out by the first respondent wherein the subject matter of the dispute has been fully and finally settled, the appellant does not propose to pursue this appeal any further, hence, the same may be dismissed as not pressed. A direction may be issued to the first respondent to close the proceedings in Execution Case No.17/2017 on the file of the District and Sessions Judge, Chamarajanagar, in the interest of justice and equity.”
Appeal stands dismissed as not pressed.
SD/JUDGE
SD/JUDGE
NC.
1 provisions across 1 enactments
M. Rajesh @ Rajesh Mallick
Karnataka State Financial Corporation
M. Mahesh @ Rajesh Mallick
S. Sujatha
P.N. Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
