Smt. M Prathima Reddy v. Karnataka State Financial Corporation
Case brief
What is this about?
Procedural disposal only: commercial appeal (COMAP No. 93 of 2023, S.13 Commercial Courts Act 2015) against decree dated 19.07.2022 in Com.Misc.No.1071/2003 (KSFC matter, LXXXIX Addl. City Civil & Sessions Judge, Bengaluru, Commercial Court CCH-90) was dismissed as withdrawn on appellants' memo conceding wrong statutory forum, with liberty to refile as a Miscellaneous First Appeal under the State Financial Corporations Act, 1951. Bench: Anu Sivaraman and Vijaykumar A. Patil JJ. Keywords: withdrawal of appeal; erroneous filing under Commercial Courts Act; conversion/refiling as MFA; State Financial Corporations Act 1951; Karnataka State Financial Corporation. No precedent cited, no merits adjudicated, no quantum involved; citable only for the practice point on refiling appeals instituted under the wrong enactment.
What did the court decide?
Liberty to withdraw the appeal and file it as a Miscellaneous First Appeal under the State Financial Corporations Act, 1951.