Allowed

Smt Uma L Raju v. Sri G Malakondaiah

Karnataka HC9 Feb 2024COMAP/28/2024

Case brief

AI extract

What is this about?

The High Court allowed a commercial appeal against an ex-parte decree. The Court ordered deposit of Rs.1.5 Crores immediately and balance within four weeks to grant stay and remit the matter to the Trial Court for defense, automatically dismissing the appeal upon non-deposit.

What did the court decide?

Decree set aside; appeal allowed subject to deposit of Rs.1.5 Crores immediately and balance within four weeks; matter remitted to Commercial Court.

Smt Uma L Raju Vs Sri G Malakondaiah — Execution and Attachment | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 9^TH DAY OF FEBRUARY, 2024

¶5

PRESENT

¶6

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

¶7

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

¶8

COMMERCIAL APPEAL NO. 28 OF 2024

¶9

BETWEEN:

¶10

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

¶11

SMT UMA L RAJU AGED ABOUT 51 YEARS W/O SRI. N LAKSHMAN RAJU PROPRIETRIX M/S VEERA RAGHAVA ENTERPRISES (INDIAN OIL PETROL BUNK) 5^TH MAIN, PUTTENAHALLI, BENGALURU 560 078

¶12

SRI. V LAKSHMAN RAJU AGED ABOUT 60 YEARS S/O SMT. SUNDARAMMA AND LATE K V VENKATASWAMY RAJU R/AT FLAT NO. C-802 VAISHNAVI TERRACE APARTMENTS MO. 179 AND 180, BILEKAHALLI BANNERGHATTA ROAD 4^TH PHASE, J P NAGAR BENGALURU 560 076

¶13

…APPELLANTS

¶14

(BY SRI. SHRIDHARA MURTHY H R, ADV.)

¶15

AND:

¶16

SRI G MALAKONDAIAH AGED ABOUT 73 YEARS S/O NARASHIMHALU R/AT NO. 10/1, 5^TH MAIN PUTTENAHALLI MAIN ROAD

¶17

¶18

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶19

J P NAGAR, 7^TH PHASE BENGALURU 560 078

¶20

…RESPONDENT

¶21

(BY SRI.Y.HARIPRASAD, ADV.)

¶22

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, PRAYING THAT THIS HONBLE COURT BE PLEASED TO PASS THE FOLLOWING ORDERS 1.CALL FOR RECORDS IN COM.MISC.59/2023 ON THE FILE OF LXXXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-87) COMMERCIAL COURT AND HEAR THE PARTIES. AND ETC.

¶23

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

¶24

JUDGMENT

¶25

Heard Shri H.R. Shridhara Murthy, learned

¶26

Advocate for the appellants-defendants and Shri Y. Hariprasad, learned Advocate for the respondent-plaintiff.

¶27

For the sake of convenience, parties shall be referred as per their status in the Trial Court.

¶28

Shri Shridhara Murthy for the defendants submitted that the Commercial Court has decreed the suit ex-parte. Com.Misc.No.59/2023 has also been dismissed. Whilst the proceedings were

¶29

¶30

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶31

pending, defendants were not called upon to make any deposit. However, a finding has been recorded that defendants have not shown their bonafide by depositing the decreetal amount before the Court. He submitted that the summons issued by the Commercial Court in the suit were not served and prayed that an opportunity may be given to defendants to contest the suit.

¶32

Shri Hariprasad for the plaintiff, adverting to

¶33

the addresses mentioned in the plaint, Misc. Petition, as also in this appeal, pointed out that defendants are residing in the very same address as on date. Therefore, they have deliberately avoided summons compelling plaintiff to take out paper publication. Though he opposed the appeal, he submitted that if defendants are prepared to deposit full decreetal amount, an opportunity may be given by fixing a time limit for fresh disposal of the suit. According to

¶34

¶35

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶36

him, as on date, the amount recoverable is Rs.5.56 Crores.

¶37

Shri Murthy for the defendants sought four

¶38

weeks' time to make the payment, but we are not

¶39

inclined to consider the same.

¶40

In view of the facts recorded hereinabove,

¶41

in our opinion, an opportunity can be granted to the defendants subject to defendants’ depositing a sum of Rs.1.5 Crores on 12.02.2024 and the remaining Rs.4.1 Crores within a period of four weeks from

¶42

today before the Commercial Court. Upon deposit, the amount shall be kept in a fixed deposit in any Nationalized Bank for a minimum period with automatic renewal clause. Accordingly, the

¶43

following:

¶44

ORDER

¶45

i) Appeal is allowed ;

¶46

¶47

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶48

ii) The judgment and decree in Com.OS.No.573/2022 is set aside;

¶49

iii) The matter is remitted to the Commercial Court, permitting the defendants to file their written statements and to defend their case;

¶50

iv) Commercial Court shall conclude the proceedings in an outer limit of six months;

¶51

v) Without further notice, parties shall appear before the Trial Court on 18.03.2024 ;

¶52

vi) Court fee shall be refunded to the appellants in accordance with law;

¶53

vii) It is made clear that if the sum of Rs.1.5 Crores as ordered by us is not deposited on 12.02.2024, the appeal automatically stands dismissed .

¶54

¶55

NC: 2024:KHC:5614-DB COMAP No. 28 of 2024

¶56

In view of disposal of the appeal, pending

¶57

interlocutory applications, if any, do not survive for consideration and the same stands disposed of .

No Costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

List No.: 2 Sl No.: 5

Smt Uma L Raju v. Sri G Malakondaiah

Case brief

What is this about?

What did the court decide?

Smt Uma L Raju v. Sri G Malakondaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Mohhamed Noman Vs Union of India

M/S Siddhasiri Souharda Vs Karnataka State Pollution

Sri. Nagappa Vs Harshavardan

Mr. Ani Chiravakkath Vs Mr. Tushar Giri Nath

Sri P Venugopal @ Mani Vs the State of Karnataka

Sri N Mari Muthu Vs Sri N Shivashankar