Falcon Tyres Ltd., vs Geodis Overseas Pvt Ltd on 29 July, 2015

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Karnataka High Court

Falcon Tyres Ltd., vs Geodis Overseas Pvt Ltd on 29 July, 2015

Bench: B.V.Nagarathna

                            -: 1 :-



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

             Dated this the 29th day of July, 2015

                        -: PRESENT :-

        THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE,
                   ACTING CHIEF JUSTICE

                             AND

        THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA

              W.A.No.2377/2015 (GM-CPC)

BETWEEN:

FALCON TYRES LTD.,
REPRESENTED BY ITS
AUTHORISED SIGNATORY
SRI.S.R.MOHAN S/O B.S.RAJAN,
K R S ROAD, METAGALLI,
MYSORE-571 001.                                  ... APPELLANT

(BY SRI: MANJUNATH.K.V, ADV.)

AND:

GEODIS OVERSEAS PVT LTD (INDIA),
REP. BY ITS MANAGER-LEGAL COMPANY
SECRETARY, NO.8, TOWER-A,
5TH FLOOR, DLF CITY, PHASE-II,
SECTOR-25, GURGAON,
HARYANA-122 002.                               ... RESPONDENT

                           *******

       THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
IN THE WRIT PETITION 24495/2015 DATED 17/6/15.
                           -: 2 :-



     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:

                     JUDGMENT

This is an appeal against the judgment and order dated June 17, 2015, passed by the Hon'ble Single Judge in Writ Petition No.24495 of 2015.

2. The appellant moved an application under Article 227 of the Constitution of India, challenging the judgment and order dated March 28, 2015, passed by the learned Principal District and Sessions Judge, Mysuru, in Execution No.207 of 2014.

3. The Hon'ble Single Judge, by the order impugned, dismissed the said application under Article 227 of the Constitution of India.

4. Office raises an objection as to the maintainability of the appeal. -: 3 :-

5. We are of the opinion also, that the appeal is not maintainable in view of the clear pronouncement of the Full Bench of this Court in Tammanna and others vs. Miss.Renuka and others reported in ILR 2009 Kar. 1207. It was held that no appeal would lie under Section 4 of the Karnataka High Court Act, against an order of the Hon'ble Single Judge, passed in exercise of the power conferred under Article 227 of the Constitution of India, in the matter arising against the order passed by the trial Court or the appellate Court.

6. We, therefore, dismiss the appeal as not maintainable.

7. We record that we have not gone into the merits of the claim and counter claim of the parties.

8. As prayed for, liberty is granted to the learned advocate for the petitioner to take back the -: 4 :- certified copy of the order impugned from the records of this Court, subject to his filing a photocopy thereof.

9. In view of the dismissal of the writ appeal, the interlocutory application, if any, also stands disposed of.

10. We make no order as to costs.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE *mvs

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