Karnataka High Court
M/S. Epsilon Ventures Pvt. Ltd vs Mr. Kartik. B on 10 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:20579
CRP No. 172 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 172 OF 2018 (IO)
BETWEEN:
1. M/S. EPSILON VENTURES PVT. LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT,1956
HAVING ITS REGISTERED OFFICE AT
NO.2, WALTON ROAD, LAVELLE ROAD,
BENGALURU-560 001
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
MR. GNANA PRAKASH
S/O LATE MAHADEV RAO,
AGED ABOUT 56 YEARS.
2. MRS. POOJA MAHTANEY
AGED ABOUT 59 YEARS
W/O RAJU M MAHTANEY,
Digitally signed R/AT NO.94B, 10TH CROSS,
by
NARAYANAPPA 9TH MAIN, RMV EXTENSION,
LAKSHMAMMA BENGALURU-560 094.
Location: HIGH
COURT OF 3. MR. RAJU M MAHTANEY
KARNATAKA AGED ABOUT 65 YEARS
S/O LATE MOHANDAS MAHTANEY
R/AT NO.94B, 10TH CROSS,
9TH MAIN, RMV EXTENSION,
BENGALURU-560 094.
4. GITANJALI MAHTANEY
AGED ABOUT 39 YEARS
D/O RAJU M MAHTANEY,
R/AT NO.B-2, EPSILON,
YAMLUR MAIN ROAD,
-2-
NC: 2024:KHC:20579
CRP No. 172 of 2018
OPPOSITE HAL AIRPORT ROAD,
BENGALURU-560 037.
5. MR. PRAKASH BHASKARAN
AGED ABOUT 49 YEARS
S/O K BHASKARAN,
R/AT NO.80,
ADARSH PALM MEADOWS
PHASE-I, AIRPORT ROAD,
WHITEFIELD,
BENGALURU-560 066.
...PETITIONERS
(BY SMT. LATHA S SHETTY, ADV.)
AND:
1. MR. KARTIK B
AGED ABOUT 24 YEARS
S/O N BABU,
R/AT NO.226, REDDY COLONY,
YAMLUR, BENGALURU-560 037.
2. MR. N BABU
AGED ABOUT 61 YEARS
S/O LATE NANJUNDAPPA,
R/AT NO.90, YAMLUR,
BENGALURU-560 037.
3. MRS. NALINA
AGED ABOUT 34 YEARS
W/O S A ANAND,
R/AT NO.86/2, 2ND MAIN, 5TH CROSS,
SRINIVASA TEMPLE STREET,
MARUTI NAGAR, NEW EXTENSION,
MADIVALA, BENGALURU-560 068.
4. MRS. NETHRA
AGED ABOUT 31 YEARS
W/O GANESH,
R/AT NO.461, 4TH CROSS,
NORTH WEST BELLANDUR
BENGALURU-560 103.
...RESPONDENTS
(BY SRI.R VIJAY KUMAR, ADV. FOR R1
R2 SERVED BUT UNREPRESENTED
SRI RAJAGOPALA NAIDU, ADV. FOR R3 & R4)
-3-
NC: 2024:KHC:20579
CRP No. 172 of 2018
THIS PETITION IS FILED UNDER SECTION 115 OF CPC.,
AGAINST THE ORDER DATED 6.01.2018 PASSED ON IA NO.12 IN OS
NO.9145/2015 ON THE FILE OF THE LII ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE, REJECTING THE IA NO.12 FILED
UNDER ORDER 7 RULE 11(D) FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioners are before this Court seeking for the following reliefs:
"a) Call for records which caused in passing the impugned order dated 06.01.2018 passed by the Hon'ble LII Addl. City Civil and Sessions Judge at Bengaluru in O.S.No.9145/2015 and allow I.A.No.12 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 in O.S.No.9145/2015 (Annexure-A).
b) Set aside the order dated 06.01.2018 passed by the Hon'ble LII Addl. City Civil and Sessions Judge at Bengaluru in O.S.No.9145/2015 and allow I.A.No.12 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 in O.S.No.9145/2015.
c) Grant such other relief that this Hon'ble Court may deems fit in the facts and circumstances of the matter."
2. Learned counsel for the petitioners submits that in O.S.No.9145/2015, compromise petition has been filed and the same has been accepted and compromise decree drawn up rendering the above suit as withdrawn.
-4-
NC: 2024:KHC:20579 CRP No. 172 of 2018
3. Accepting the submission of the learned counsel for the petitioners, petition stands dismissed as having become infructuous.
Sd/-
JUDGE NC CT:bms List No.: 1 Sl No.: 90