Dismissed

Anand Suresh Deshmukh, Hyderabad v. B/E Engg Services India Pvt. Ltd., New Delhi and 2 Others

Telangana HC5 Jan 2021CMA/785/2017

Case brief

AI extract

What is this about?

The High Court of Telangana heard multiple civil miscellaneous appeals challenging interim orders. The Single Judge held that since the underlying suit was dismissed as withdrawn, the appeals had become infructuous and were dismissed. Pending miscellaneous petitions were ordered closed.

What did the court decide?

All civil miscellaneous appeals were dismissed as infructuous; pending miscellaneous petitions were closed.

Anand Suresh Deshmukh, Hyderabad Vs B/E Engg… — Company and Corporate | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

¶2

TUESDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND

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THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD

¶6

CIVIL MISCELLANEOU S APPEAL NO: 780,781.782.785.786 AND 787 OF 2017

¶7

CIVIL MISCELLANEOUS APPEAL NO: 780 OF 2017

¶8

Appeal Under Order 43 Rule -'1 of Code of Civil Procedure against the Judgment and decree in l.A. No. 1 1 65 of 201 5 in O.S. No. 735 oI 2015 dated 20-06-201 7 on the file of the Court of the XXIV Additional Chief Judge, City Civil Court, at Hyderabad.

¶9

Betwee n:

¶10

Phoenix Engineering Technologies, A registered partnership under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at 8-268017l4l2, Apt.102, KLK Towers, Near Vengal Rao Bus Stop, Road No.12, Banjara Hills, Hyderabad, represented by its Desig nated/lVanaging Partner.

¶11

... Petitioner/Appellant

¶12

AND

¶13

B/E Engineering Services lndia Private Limited, A company incorporated under the provisions of the Companies Act,^'1956, Having its registered office at B- 59(LGF), Sarvodaya Enclave, New Delhi-'1 10017 and having its office at 3rd Floor, Sarvotham Building, Plot No.12, Hitech City Phase-ll, Madhapur, Hyderabad, represented,by its Director l,4 r. Arjun tr,4ukhopad hyay.

¶14

Anand Suresh Deshmukh, S/o lVIr. Suresh Deshmukh, aged about 39 years, R/o. Flat No.8231, Bth Block, 2nd Wing, Janapriya lVletropolies Apth., lr/otinagar, Hyderabad. (or) 8-2-686171412, Apt. 102, KLK lowers, Near Vengal Rao Bus Stop, Road No.12, Banjara Hills, Hyderabad.

¶15

Kiran Kumar Vegga, Sio Ramanjaneyulu, aged about 36 years, R/o 104, Thirumala Arcade, Lion Town Colony, Hijmathpet, Old Bowenpally, Secunderabad. (or) 8-2-GBO|7l4l2, Apt. 102, KLK towers, Near Vengal Rao Bus Stop, Road No.12, Banjara Hills, Hyderabad. (R2 and R3 are not necessary party)

¶16

...Respondents/Respondents

¶17

I.A. NO: 1 OF 2017(CMAMP. NO: 1295OF 20171

¶18

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith in support of the petition, the High Court may be pleased to suspend the order and decree dated 20.6.2017 passed in l.A.No. 1165 of 2015 in O.S.No. 735 of 2015 by the learned XXIV Additional Chief Judge, City Civil Court at Hyderabad, pending disposal of the CIVA.

¶19

Counsel for the Appellant: SRI P. ROY REDDY

¶20

Counsel for the Respondent No.1: SRI R. YELLA REDDY

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Counsel for the Respondent Nos. 2 and 3: NONE APPEARED

¶22

¶23

CIVIL MISCELLANEOUS^{APPEALNO:781 OF 2017}

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Appeal Under Order 43 Rule^-1 of^{Code of Civil Procedure against the Judgment} and decree in l.A. No. 1166 of^{20'15in O.S. No. 735 of 2015 dated 20-06-2017on the} file of the court of the XXIV Additional^{chief Judge, city civil court, at Hyderabad.}

¶25

Between:

¶26

Phoenix Engineering Technologies,^{A registered partnershipunderthe- provisi^ons} of the Limited Liabiiity Partnership^{Act, 2008, havingits regisleredoffice at B-2-} 68O17l4l2, Apt.102, kLK Towers, Near^{VengalRao Bus Stop, RoadNo 12,} Banjara Hills, Hyderabad, represented by^{its Designat"o,Y:83?ii3I"1H;l"rr"nt}

¶27

AND

¶28

B/E Engineering Services lndia Private^{Limited,A companyincorpo_ratedunder} the provisions o1 the Companies Act, 1956, Having^{its registered office at B-} 59(LGF), Sarvodaya Enclave, New^{Delhi-110017and having its office at 3rd} Floor, Sarvotham Building, Plot No.12, Hitech^{City Phase-ll, lr/adhapur,} Hyderabad, represented,by its Director^lVr. Arjun lvlukhopadhyay. - -

¶29

Anand Suresh Deshmukh, S/o Mr. Suresh Deshmukh,^{aged about 39 years,R/o.} Flat No.8231, Bth Block, 2nd Wing, Janapriya Metropolies^{Apth.,Ir4otinagar,} Hyderabad. (or)8-2-686171412, ApL 102, KLKtowers, NearVengal^{Rao Bus} Stop, Road No.12, Banjara Hills, Hyderabad.

¶30

Kiran KumarVegga, S/o Ramanjaneyulu,^{aged about 36 years, R/o 104,} Thirumala Arcade, Lion Town Colony, Hijmathpet, Old^Bowenpally, Secunderabad. (or) 8-2-686171412, Apt. 102, KLK towers,^{NearVengal Rao Bus} Stop, Road No.'12, Banjara Hills, Hyderabad.^(R2 and^{R3 are not necessary} party)

¶31

Respondents/Respondents

¶32

l.A. NO: 1 OF 2017(CMAMP. NO: 1296 OF^20'17)

¶33

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed therewith in support of the^petition, the High Court may be^pleased to suspend the order and decree dated 20.6.2017^passed in l.A.No. 1'166 of²⁰¹⁵ⁱⁿ O.S.No. 735 of 2015 by the learned XXIV Additional Chief Judge, City Civil Court, at Hyderabad, pending disposal of the Clt4A.

¶34

Counsel for the Appellant: SRI P. ROY REDDY

¶35

Counsel for the Respondent No.1: SRI R. YELLA REDDY

¶36

Counsel for the Respondent Nos. 2 and 3'. NONE APPEARED

¶37

CIVIL MISCELLANEOUS APPEAL NO: 782 OF 2017

¶38

Appeal Under Order 43 Rule -1 of Code of Civil Procedure against the Judgment and decree in l.A. No.^'1 166 of 201 5 in O.S. No. 735 of 2015 dated 20-06-20'1⁷ on the file of the Court of the XXIV Additional Chief Judge, City Civil Court, at Hyderabad. Between:

¶39

Anand Suresh Deshmukh, S/o Mr. Suresh Deshmukh, aged about 39 years, R/o. Flat No.8231 , 8th Block, 2nd Wing, Janapriya lvletropolies Apth., N/otinagar, Hyderabad. (or) 8-2-686171412, ApL 102, KLK towers, Near Vengal Rao Bus Stop, Road No.12, Banjara Hills, Hyderabad"

¶40

...Petitioner/Appellant

¶41

AND

¶42

B/E Engineering Services lndia Private Limited, A company incorporated under the provisions of the Companies Act,^'1956, Having its registered office at B- 59(LGF), Sarvodaya Enclave, New Delhi-1 10017 and having its office at 3rd Floor, Sarvotham Building, Plot No.12, Hitech City Phase-ll, Madhapur, Hyderabad, represented,by its Director [.4 r. Arjun lr,4 u khopad hyay.

¶43

Phoenix Engineering Technologies, A registered partnershlp under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at 8-268017l4l2, Apt.'102, KLK Towers, Near Vengal Rao Bus Stop, Road No. 12, Banjara Hills, Hyderabad, represented by its Desig nated/lVa nag ing Partner.

¶44

Ktran KumarVegga, S/o Ramanjaneyulu, aged about 36 years, Rio 104, Thirumala Arcade, Lion Town Colony, Hijmathpet, Old Bowenpally, Secunderabad. (or) 8-2-686171412, Apt. 102, KLK towers, Near Vengal Rao Bus Stop, Road No.12, Banjara Hills, Hyderabad. (R2 and R3 are not necessary party)

¶45

Res^pon dents/Res^po n de nts

¶46

l.A. NO: 1 OF 2017(CMAMP. NO: 1297 OF 20171

¶47

Petrtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith in support of the petition, the High Court may be pleased to suspend the order and decree dated 20.6.2017 passed in l.A.No. 1 166 of 2015 in O.S.No. 735 of 2015 by the learned XXIV Additional Chief Judge, City Civil Court, at Hyderabad, pending disposal of the CIVIA.

¶48

Counsel for the Appellant: SRI J. UGRANARASIMHA

¶49

Counsel for the Respondent No.1: SRI R. YELLA REDDY

¶50

Counsel for the Respondent Nos. 2 and 3: NONE APPEARED

¶51

CIVIL MISCELLANEOUS APPEAL NO: 785 OF 2017

¶52

Appeal Under Order 43 Rule -1 of Code of Civil Procedure against the Judgment and decree in l.A. No. 1165 of 2015 in O.S. No.735 of 2015 dated 20-06-2017 on^the file of the Court of the XXIV Additional Chief Judge, City Civil Court, at Hyderabad.

¶53

Between:

¶54

Anand Suresh Deshmukh, S/o lt4r. Suresh Deshmukh, aged about 39^years,R/o. Flat No.8231, Bth Block, 2nd Wing, Janapriya lt4etropolies Apth.,^l,4otinagar, Hyderabad. (or) 8-2-686171412, ApI. 102, KLK towers, Near Vengal Rao^Bus Stop, Road No.12, Banjara Hills, Hyderabad.

¶55

...Petitioner/Appellant

¶56

AND

¶57

1 B/E Engineering Services lndia Private Limited, A company incorporated under the provisions of the Companies Act, 1956, Having its registered office^{at B-} 59(LGF), Sarvodaya Enclave, New Delhi-1^100'17 and having^{its office at 3rd} Floor, Sarvotham Building, Plot No.12, Hitech City Phase-ll, Madhapur, Hyderabad, represented,by its Director Mr. Arjun l/ukhopadhyay.

¶58

2 Phoenix Engineering Technologies, A registered^partnership under the^provisions of the Limited Liability Partnership Act, 2008, having its registered office^{at 8-2-} 686171412, Apt.102, KLK Towers, Near Vengal Rao Bus Stop,^RoadNo.'12, Banjara Hills, Hyderabad, represented by its Desig^{nated/lr/anag} ing^Partner.

¶59

1. Kiran Kumar Vegga, S/o Ramanjaneyulu, aged about 36^years, Rio^104, Thirumala Arcade, Lion Town Colony, Hijmathpet, OId Bowenpally, Secunderabad. (or) 8-2-686171412, Apl. 102, KLKtowers, NearVengal^{Rao Bus} Stop, Road No.12, Banjara Hills, Hyderabad.^(R2 and R3 are^{not necessary} party)

¶60

... Res pondents/Res^pondents

¶61

l.A. NO: 1 OF 2017^{(CMAMP.NO : 1298OF 20171}

¶62

Petition under section 151^{CPC prayingthat in the circumstances stated in} the affidavit filed therewith^{in support of the petition,the High court may be pleased} to suspend the order and^{decree dated 20.6.2017 passed in l.A.No. 1166of 2015 in} o.s.No. 735 of 2015 by the^{learned XXIV Additionalchief Judge, city civil court, at} Hyderabad,^pending disposal of the^CMA.

¶63

Counsel for the Appellant: SRI J.^{UGRANARASIMHA}

¶64

Counsel for the Respondent No.1:^{SRIR. YELLAREDDY}

¶65

Counsel for the R.espondent^{Nos. 2 and 3: NONEAPPEARED}

¶66

CIVIL MISCELLANEOUS APP EAL NO: 786^{OF 2017}

¶67

Appeal Under Order 43 Rule^-1 of Code^{of CivilProcedure against the Judgment} and decree in l.A. No. 1 165 of 201 5 in O.S. No. 735 of^{2O15dated 20-06-201 7 on the} file of the Court of the XXIV Additional Chief^{Judge, City Civil Court, at Hyderabad.}

¶68

Between:

¶69

Kiran Kumar Vegga, S/o Ramanjaneyulu,^{aged about 36 years,R/o 104,} Thirumata Arcade, Lion Town Colony,^{Hijmathpet, OldBowenpally,} Secunderabad. (or) 8-2-686171412, Apt.. 102, KLK towers,^{NearVengal Rao Bus} stop' Road No 12' Banjara Hills' Hvderabad

¶70

...^{petitioner/Apperant}

¶71

AND

¶72

1 B/E Engineering Services lndia Private^{Limited, A companyincorpo_ratedunder} the proiisions of the Companies Act,^{1956, Havingits registered office at B-} 59(LGF) Sarvodaya Enclave, New^{Delhi-1 '10017and havrngits office at 3rd} Floor, Sarvotham Building, Plot No.12, Hitech City^{Phase-ll, l,4adhapur,} Hyderabad, represented,by its Director^{l,4 r. Arjunl\zlukhopadhyay}

¶73

2 Phoenix Engineering Technologies, A registered^{partnershipunderthe provistons} of the Limited Liability Partnership Act,^{2008, having its registered office at B-2-} 68017l4l2, Apt.102, KLK Towers, Near^{Vengal Rao Bus Stop, Road No.12,}

¶74

Ban.Jara Hills, Hyderabad, represented by its Designated/lr/anag^ing-Partner. _.

¶75

3 Anahd Suresh Deshmukh, S/o [t4r. Suresh Deshmukh,^{aged about 39 years,R/o.} Flat No.8231, 8th Block, 2nd Wing, Janapriya^{lVletropoliesApth.,Ir/otinagar,} Hyderabad. (or) 8-2-686171412, Apt. 102, KLK towers,^{NearVengalRao Bus} Stop, Road No.'12, Banjara Hills, Hyderabad.

¶76

(R2 and R3 are not necessary partv in this li[ti"#""r"",s/Respondents

¶77

l.A. NO: 1 OF 2017(CMAMP. NO: 1299 OF 2017)

¶78

Petition under Section 151 CPC^praying that in the^{circumstances stated in} the affidavit filed therewith in support of the^{petition, the High Court may be pleased} to suspend the orderand decree dated 20.6.2017^{passed in l.A.No. 1165 of 2015in} O.S.No. 735 of 2015 by the learned XXIV Additional^{Chief Judge, City Civil Court, at} Hyderabad, pending disposal of the CIvlA.

¶79

E,-

¶80

Counsel for the Appellant: SRI MANJUNATH ALLUR

¶81

Counsel for the Respondent No.1: SRI R. YELLA REDDY

¶82

Counsel for the Respondent- Nos. 2 and 3: NONE APPEARED

¶83

CIVIL MISCELLANEOUS APPEAL NO: 787 OF 2017

¶84

Appeal Under Order 43 Rule -1 of Code of Civi! Procedure against the Judgment and decree in l.A. No. 1 166 of 2015 in O.S. No. 735 of 2015 dated 20-06-2017 on the file of the Court of the XXIV Additional Chief Judge, City Civil Court, at Hyderabad

¶85

Between:

¶86

Kiran Kumar Vegga, S/o Ramanjaneyulu, aged about 36^{years, R/o '104,} Thirumala Arcade, Lion Town Colony, Hiimathpet, Old^Bowenpally, Secunderabad. (or) 8-2-686171412, Apl. 1O2, KLK towers, Near Vengal^{Rao Bus} Stop' Road No 12' Banjara Hills' Hyderabad

¶87

...petitioner/Appe,ant

¶88

AND

¶89

1 B/E Engineering Services lndia Private Limited, A company^{incorporated under} the provisions of the Companies Act, 1956, Having its registered office^{at B-} 59(LGF), Sarvodaya Enclave, New Delhi-110017 and having^its office^{at 3rd} Floor, Sarvotham Building, Plot No.'12, Hitech City Phase-ll,^lVladhapur, Hyderabad, represented,by its Director lr/ r. Arjun lt/ukhopadhyay.

¶90

2 Phoenix Engineering Technologies, A registered^partnership under the^provisions of the Limited Liability Partnership Act, 2008, hqving its registered^{office at 8-2-} 68O17l4l2, Apt.102, KLKTowers, NearVengal Rao BusStop,^{Road No.12,} Banjara Hills, Hyderabad, represented by its Designated/lVlanag ing^Partner.

¶91

3 Anand Suresh Deshmukh, S/o lt4r. Suresh Deshmukh, aged about 39^years,Rio. Flat No.8231, Bth Block, 2nd Wing, Janapriya lVetropolies Apth., l\ilotinagar, Hyderabad. (or) 8-2-686 17 I 412, Apr.¹ 02, KLK towers, Near Vengal^{Rao Bus} Stop, Road No.12, Banjara Hills, Hyderabad. (R2 and R3 are not necessary partv in this

¶92

?.?[tl"S.^o"r,s/Respondents

¶93

l.A. NO: 1 OF 2017(CMAMP. NO: 1300 oF 2017)

¶94

Petition under Section 151 CPC^praying that in the circumstances^{stated in} the affidavit filed therewith in support of the^petition, the^{High Court may be pleased} to suspend the order and decree dated 20.6.2017^{passed in LA,No.1166 of 2015 in} O.S.No. 735 of 2015 by the learned XXIV Additional Chief Judge,^{City Civil Court, at} Hyderabad, pending disposal of the CIVA.

¶95

Counsel for the Appellant: SRI MANJUNATH ALLUR

¶96

Counsel for the Respondent No.1: SRI R. YELLA REDDY

¶97

Counsel for the Respondent Nos. 2 and 3: NONE APPEARED

¶98

The Court made the following: COMMON JUDGMENT

¶99

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO

¶100

AND

¶101

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

¶102

CMA.No.s 78O . 781. 782. 785. 786 and 787 of 2017

¶103

COMMON JUDGMENT:

¶104

Counsel for the appeiiants states that a-11 these Appeals ha',,e become infructuous because the suit, out of which these appeals arise, has itself been dismissed as withdrawn on 13.02.2020.

¶105

In view of the said submission, all these Appeals are

¶106

dismissed as infrr-rctuous

¶107

Consequently, miscellaneous petitions pending if any,

¶108

shaii stand closed.

¶109

SD/-B.S.CHIRANJEEVI JOINT REGIST R

//TRUE COPY//

SECTION OFFICER

To,

1, The XXIVAdditional Chief Judge, CityCivil Court, at Hyderabad 2. One CC to Sri P. Roy Reddy, Advocate IOPUC] 3. One CC to Sri J. Ugra Narasimha Advocate [OPUC]

¶114

One CC to Sri R. Yella Reddy, Advocate [OPUC] 5. One CC to Sri Manjunath Allur, Advocate IOPUCI

¶115

Two CD Copies

¶116

IS t1

¶117

HIGH COURT DATED:05/0112021

¶118

COMMON JUDGMENT

¶119

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¶120

CMA.No.-780,^78't ,782,785,786^{and 787 of 2017}

¶121

DISMISSING THE APPEALS^{AS INFRUCTUOUS}

¶122

0J \D1^

Anand Suresh Deshmukh, Hyderabad v. B/E Engg Services India Pvt. Ltd., New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Anand Suresh Deshmukh, Hyderabad v. B/E Engg Services India Pvt. Ltd., New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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