In an RFA under Section 96 r/w Order 41 Rule 1 CPC filed against a civil decree for recovery of money, the High Court of Karnataka dismissed the appeal for non-prosecution and failure to appear despite prior opportunities.
The appeal was dismissed for non-prosecution and failure to comply with office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.982 OF 2017
BETWEEN:
M/s. V J CROSS ROADS EXPORTS PVT. LTD, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO. 39/2, MILLERS ROAD, BENSON TOWN, BANGALORE - 560 006 REPRESENTED BY ITS MANAGING DIRECTOR ...APPELLANT
(BY SRI.B VACHAN, ADVOCATE)
AND:
1 . M/s. INDUS INTEX PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 15/A, SSV COMPLEX, I FLOOR, RAGHAVENDRA LAYOUT, YESHWANTHAPUR BANGALORE - 560 022.
2 . M/s. CELIO FUTURE FASHION LIMITED 3RD FLOOR, A WING, LOTUS CORPORATE PARK, UNIT NO. 301, 302, OFF WESTERN EXPRESS HIGHWAY, GOREGAON (EAST) MUMBAI - 400 063 REPRESENTED BY ITS
R.F.A.No.982/2017
2
MANAGING DIRECTOR ALSO HAVING ITS BRANCH OFFICE AT NO.41, 1ST CROSS, BRIGADE ROAD, BANGALORE -560 001 ...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.02.2017 PASSED IN OS NO.3999/2014 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR RECOVERY OF MONEY
This R.F.A. coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
Learned counsel for the appellant neither present
physically nor through video conference.
A perusal of the order sheet would go to show that, in this appeal of the year 2017, inpsite of granting several and sufficient opportunities, the appellant has not complied the office objections and not even shown the reasons either for noncompliance or for his non-appearance.
R.F.A.No.982/2017
3
As such, the appeal stands dismissed for non-compliance
of the office objections and for non-prosecution.
Sd/JUDGE
SBN
1 issue framed by the court
Whether the appeal should be disposed of in the absence of the appellant counsel despite opportunities.
M/s. V J CROSS ROADS EXPORTS PVT. LTD
M/s. INDUS INTEX PVT. LTD.
M/s. CELIO FUTURE FASHION LIMITED
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
