Dismissed

The Government Tool Room and Training Centre v. M/S Sai Sudhir Infrastructures Ltd.

Karnataka HC10 Jul 2024COMAP/200/2024

Case brief

AI extract

What is this about?

A commercial appeal against a trial court order condoning 35 days' delay in filing a commercial appeal was withdrawn by the appellant with leave to pursue a writ petition instead; the court permitted withdrawal and dismissed the appeal without prejudice.

What did the court decide?

Permission to withdraw the appeal granted; liberty to file a writ petition.

The Government Tool Room and Training… — Contract and Commercial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:26474-DB COMAP No. 200 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2024 PRESENT

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THE HON'BLE MRS JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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COMMERCIAL APPEAL NO. 200 OF 2024

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BETWEEN:

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THE GOVERNMENT TOOL ROOM AND TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BENGALURU - 560010 REP. BY ITS MANAGING DIRECTOR.

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…APPELLANT

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(BY SRI. ACHAPPA P B., ADVOCATE)

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AND:

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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M/S SAI SUDHIR INFRASTRUCTURES LTD., NO. 301, G.P ELITE, 8-2-284/4, ROAD NO.4, BANJARA HILLS, HYDERABAD - 560034 (A.P), REP. BY ITS VICE PRESIDENT MR. E. YELLA REDDY.

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…RESPONDENT

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 19.04.2024 PASSED BY THE COURT OF LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT AT BANGALORE), (CCH-88) AT BENGALURU PRODUCED AT ANNEXURE-A AND DISMISS THE I.A NO.2 FILED BY THE RESPONDENT INVOKING SECTION-5 OF THE LIMITATION ACT SEEKING CONDONATION OF DELAY OF 35 DAYS FILING THE APPEAL PRODUCED AT ANNEXURE-B AND CONSEQUENTLY DISMISSED THE APPEAL IN COM A.P NO. 73/2023 ETC.

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NC: 2024:KHC:26474-DB COMAP No. 200 of 2024

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

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1. It is submitted by the learned counsel for the

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appellant that an objection has been raised with regard to maintainability of the appeal.

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The learned counsel seeks leave of the Court to

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withdraw the appeal with liberty to file a writ petition.

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3. Permission is granted.

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4. The appeal is dismissed as withdrawn without

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prejudice to the rights of the appellant to move appropriate proceeding against the order impugned.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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CHS

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List No.: 1 Sl No.: 30

The Government Tool Room and Training Centre v. M/S Sai Sudhir Infrastructures Ltd.

Case brief

What is this about?

What did the court decide?

The Government Tool Room and Training Centre v. M/S Sai Sudhir Infrastructures Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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