Dismissed

M/S. New Janapriya Super Speciality Hospital v. M/S. Sri Venkateshwara Constructions

Karnataka HC20 Feb 2024COMAP/11/2023

Case brief

AI extract

What is this about?

The Karnataka High Court considered an appeal against a civil judgment involving arrears of rent.尽管 interim time was granted previously, the Court dismissed the appeal for violating the undertaking to pay arrears, refusing further time.

What did the court decide?

Dismissed the appeal for violation of undertaking given to this Court, and disposed of pending interlocutory applications.

M/S. New Janapriya Super Speciality Hospital Vs… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:7222-DB COMAP No. 11 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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PRESENT

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THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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COMAP NO. 11 OF 2023

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BETWEEN:

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M/S. NEW JANAPRIYA SUPER SPECIALITY HOSPITAL (FORMERLY M/s JANAPRIYA HOSPITALS AND HEALTH CARE) (A UNIT OF AUDIKESH HOSPITALS PVT. LTD.,) HAVING ITS CORPORATE OFFICE AT NO.2C/330, OMBR LAYOUT, BANASWADI, BENGALURU-560 043. REP. BY ITS DIRECTORS.

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…APPELLANT

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(BY M/S NEW JANAPRIYA SUPER SPECIALITY HOSPITAL - REP. BY DR. SUNIL KUMAR)

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AND:

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Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA

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M/S. SRI VENKATESHWARA CONSTRUCTIONS A PARTNERSHIP FIRM HAVING ITS OFFICE AT FLAT NO.402, GOLDEN CASTLE APARTMENT NO.414, HRBR LAYOUT, 3^RD BLOCK, KALIAN BENGALURU - 560 043, REP. BY ITS PARTNER SRI. PENDLI SRINIVAS …RESPONDENT

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(BY SRI. PROMOD NAIR, SR. ADV. FOR SRI. BAPAT SAMPATH VINAYAKA RAO, ADV.)

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THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, 2015 PRAYING TO CALL FOR ENTIRE RECORDS FROM THE COURT BELOW AND SET ASIDE THE JUDGMENT AND DECREE DATED 06.12.2022 PASSED BY THE LEARNED LXXXVI ADDITIONAL CITY CIVIL JUDGE AT BENGALURU (CCH-87) IN COM.OS.NO.684/2022 AGAINS THE

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NC: 2024:KHC:7222-DB COMAP No. 11 of 2023

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APPELLANT AND DISMISS THE SAID SUIT IN ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard Dr. Sunil Kumar, one of the Directors of

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the appellant-Hospital and Shri Promod Nair, learned Senior Advocate for the respondent.

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Shri Nair, submitted that an undertaking was given on 28.06.2023 to clear the arrears of rent by the next date of hearing and the interim order granted on 16.01.2023 was continued subject to the said condition. Thereafter, there has been series of default on part of the appellant.

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On 07.02.2024, it was submitted that arrears of rent was Rs.92 Lakhs. We granted time till 14.02.2024 for payment of full arrears of rent, subject to payment of cost of Rs.1 Lakh.

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NC: 2024:KHC:7222-DB COMAP No. 11 of 2023

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On 14.02.2024, learned Advocate for the

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appellant sought leave to retire from the case and he was permitted. Dr. Sunil Kumar was present. For the reasons recorded therein, we extended time till today, subject to payment of additional cost of Rs.1 Lakh. It was made clear that if payment of Rs.92 Lakhs and Rs.1 Lakh was not made as on

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date, appropriate orders would be passed. Today, Dr. Sunil Kumar submits that appellant is making arrangements and needs 10 more days time to make payment.

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We have perused the order dated 28.06.2023 and subsequent orders passed by this Court.

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In view of the continuous defaults and violation of the undertaking by the appellants we are not inclined to grant any further time and the appeal

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stands dismissed for violation of undertaking given to this Court.

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NC: 2024:KHC:7222-DB COMAP No. 11 of 2023

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In view of dismissal of the appeal, pending

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interlocutory applications, if any, do not survive for

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consideration and they stand disposed of .

Sd/CHIEF JUSTICE

Sd/JUDGE

CT:HS List No.: 1 Sl No.: 19

M/S. New Janapriya Super Speciality Hospital v. M/S. Sri Venkateshwara Constructions

Case brief

What is this about?

What did the court decide?

M/S. New Janapriya Super Speciality Hospital v. M/S. Sri Venkateshwara Constructions

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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