M/S Parekh Industries Limited v. M/S Bangalore Refinery Pvt. Ltd.
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2024:KHC:27371 MFA No. 3747 of 2021 IN THE…
2024:KHC:27371 MFA No. 3747 of 2021 IN THE…
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NC: 2024:KHC:27371 MFA No. 3747 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 3747 OF 2021 (CPC)
BETWEEN:
M/S. PAREKH INDUSTRIES LIMITED, A COMPANY REGISTERED UNDER THER PROVISIONS OF COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT PRINCE HOUSE, 51/3, MAROL CO-OP. INDUS, ESTATE, M.V. ROAD, ANDHERI (E), MUMBAI – 400 059.
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. RAJESH PAREKH, AGED ABOUT 68 YEARS, S/O OR D/O JAMNADAS N PAREKH. …APPELLANT (BY SRI KESHAVA BHAT A., ADVOCATE (ABSENT))
AND:
M/S. BANGALORE REFINERY PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.6/1. PLOT NO.20A, 1ST CROSS, 1ST PHASE,
PEENYA INDUSTRIAL AREA, BENGALURU – 560 058.
REPRESENTED BY ITS DIRECTOR, MR.KETAN DHRUV, S/O SURESH I DHRUV, AGED ABOUT 47 YEARS.
…RESPONDENT
(BY SRI MADHU N RAO, ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.07.2020 ON I.A.NO.1 IN O.S.NO.0025809/2020 PASSED BY THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH.58).
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though appeal was filed on 11.08.2020, despite several
opportunities, office objections are not complied.
Learned counsel for caveator/respondent would submit
that original suit is transferred to High Court of Bombay in pursuance of an order by Hon'ble Supreme Court. Therefore, appellant does not appear to be evincing interest.
In view of above, appeal is dismissed for non-prosecution.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 4
M/S. Parekh Industries Limited
M/S. Bangalore Refinery Pvt. Ltd.
RAVI V HOSMANI
As recorded by the court registry
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