Appeal against a money recovery decree was dismissed as not maintainable since the suit arose under the Commercial Courts Act; liberty granted to file an appeal before the appropriate court.
None; appeal dismissed as not maintainable with liberty to file appeal before the appropriate court.
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 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 489 OF 2024
BETWEEN:
M/s. FICOM ENGINEERING PVT. LTD. & ORS PLOT NO.10E, 10F, CHOKKANAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BANGALROE 562 114 EMAIL ID ficom.eng @gmail.com REP. BY ITS MANAGING DIRECTOR, MR. B.P. KRISHNAPPA.
…APPELLANT
[BY SRI ANIL REDDY S., ADVOCATE (AB)]
AND:
M/s. INDIA TECHNOCRATES NO. 123, 3RD MAIN, HEGGANAHALLI, NADIKERAPPA INDUSTRIAL ESTATE, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE, BENGALURU 560 091, REP. BY ITS PROPRIETOR, VINOD KUMAR.
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.07.2023 PASSED IN COM. OS NO.661/2021 ON THE FILE OF LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
NC: 2024:KHC:31685 RFA No. 489 of 2024
ORAL ORDER
None present on behalf of the appellant. Even on the last
date of hearing, there was no representation.
come in the way of the appellant filing appropriate appeal before appropriate Court in accordance with law.
Sd/(V SRISHANANDA) JUDGE
PSG
List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the RFA against a decree in a commercial suit is maintainable before the High Court in view of Section 13 of the Commercial Courts Act, 2015?
2 provisions across 2 enactments
M/s. Ficom Engineering Pvt. Ltd. & Ors.
M/s. India Technocrates
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
