The High Court of Karnataka dismissed a commercial appeal as withdrawn by the appellant, who sought a refund on the grounds of a pending settlement.
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 19TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 136 OF 2023 (MON)
BETWEEN:
THE COMMISSIONER, KARNATAKA SLUM DEVELOPMENT BOARD, NO 55, ABHAYA BUILDING, RESALDAR STREET, OPP. KINO THEATRE, SHESHADRIPURAM, BENGALURU-20.
…APPELLANT (BY SRI. J. PRASHANTH, ADVOCATE)
AND:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
SRI. NAGENDRA DATTA .K .R, S/O K. RAMASWAMAIAH, AGED ABOUT 54 YEARS, R/AT C-1103, BRIGADE MEADOWS APARTMENTS, KANAKAPURA MAIN ROAD, UDAYAPURA POST, BENGALURU-560 082.
…RESPONDENT
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.11.2022 PASSED BY THE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT
BENGALURU (CCH-88), IN O.S. NO. 384/2020 AND DISMISS THE SAID SUIT AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Learned counsel for the appellant has drawn our attention
to the memo for withdrawal dated 26.11.2024, which reads as under:
“ The Appellant in the above case here submits that in view of the Compromise in Commercial execution Petition 389/2023, the suit of the Plaintiff was settled in terms of the memo filed by the Decree Holder dated 07-09-2023 Filed in The Commercial execution Petition 389/2023 between the Parties, hence, the Present Com.A.P also same Subject matter and has been amicably settled between the parties. Hence The Appellant in the above case prays that this Hon'ble Court Permit him to withdraw the above Appeal and prays this Hon'ble court to Refund the Court fee of Rs.1,25,432 deposited by the appellant in the interest of justice and equity.”
2. Learned counsel for the appellant reiterates the
prayer for withdrawal of the appeal as made in the memo.
NC: 2024:KHC:52588-DB COMAP No. 136 of 2023
is concerned, the Registry shall consider the same in accordance with law.
for consideration and stands disposed of.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC List No.: 1 Sl No.: 9
THE COMMISSIONER, KARNATAKA SLUM DEVELOPMENT BOARD
SRI. NAGENDRA DATTA .K .R
V KAMESWAR RAO
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
