Karnataka High Court
The National Small Industries ... vs M/S.Mysore Lamp Works Limited on 6 April, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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RFA No. 1556 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1556 OF 2010 (MON)
BETWEEN:
THE NATIONAL SMALL INDUSTRIES
CORPORATION LTD.,
THE COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
WHOLLY OWNED BY GOVERNMENT OF INDIA
HAVING ITS REGISTERED OFFICE
AT NSIC BHAVAN, OKHLA INDUSTRIAL
ESTATE, NEW DELHI-110 020
AND HAVING ONE OF ITS BRANCH OFFICES
AT NO.C-424, PEENYA 1ST STAGE
BEHIND PEENYA POLICE STATION
BANGALORE-560 058
REPRESENTED BY ITS
CHIEF MANAGER
Digitally signed by SRI. M.L. PRAKASHA ... APPELLANT
ANUSHA V
Location: HIGH
COURT OF
KARNATAKA (BY SHRI. S. KRISHNA SWAMY, ADVOCATE)
AND:
1. M/s. MYSORE LAMP WORKS LIMITED
OLD TUMKUR ROAD
MALLESHWARAM WEST
BANGALORE-560 055
REPRESENTED BY ITS CHAIRMAN
AND MANAGING DIRECTOR
2. M/s. CANARA LIGHTING INDUSTRIES LIMITED
93/1, 1ST FLOOR, HPBT BUILDING
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RFA No. 1556 of 2010
BATA COMPOUND, POKHRAN ROAD
NO.1, THANE-460 601
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI.T.S.PAI ... RESPONDENTS
(BY Ms. G.K. BHAVANA, ADVOCATE FOR
SHRI. K. CHANDRAKANTH PATIL, ADVOCATE FOR R2;
NOTICE NOT ORDERED IN R/O R1)
THIS RFA IS FILED UNDER SECTION 96, OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 31.05.2010 PASSED IN
O.S.8280/2001 ON THE FILE OF THE XXVII-ADDITIONAL CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR RECOVERY
OF MONEY.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Shri S.Krishnaswamy, learned advocate for the appellant has filed a memo dated 06.11.2019 seeking leave to withdraw this appeal. He prays that office may be directed to refund court fee in terms of Section 66(c) of the Karnataka Court Fee and Suits Valuation Act, 19581.
1'The Act' for short -3- RFA No. 1556 of 2010
2. Memo dated 06.11.2019 reads as follows:
"MEMO FILED BY APPELLANT
1. By agreement of parties, it was agreed upon that the payment of Rs10700000/ made by M/s.Mysore Lamp Works Limited be adjusted towards the debt due by Canara Lighting (the 2nd defendant) and consequently, the appellant shall return the excess amount of Rs.5,98,801/- received from 2nd defendant.
2. NSIC has received Rs10700000 from Mysore lamp works limited
3. Therefore, the appellant has refunded Rs.5,98,201/-
to the 2nd defendant which the 2nd respondent acknowledges. In the circumstances, the matter stands compromised.
4. Wherefore it is prayed that the Hon'ble Court be pleased to take on record the payment made by the appellant and permit the appellant to withdraw the appeal and pray for refund of court fee paid in the court in the interest of equity and justice."
(sic)
3. Ms.G.K.Bhavana, learned advocate appearing for respondent No.2 submits that she does not have instructions whether Rs.5,98,801/- is received by respondent No.2.
-4- RFA No. 1556 of 20104. In any event, appellant seeks leave to withdraw this appeal. Leave granted. This appeal is accordingly dismissed as withdrawn.
5. Registry shall refund court fee as per Section 66(c) of the Act.
No costs.
Sd/-
JUDGE Sd/-
JUDGE AV