Karnataka High Court
M/S Value B Infraa vs M/S Ramalingam Construction Company ... on 6 November, 2024
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NC: 2024:KHC:44658-DB
COMAP No. 74 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
COMMERCIAL APPEAL NO. 74 OF 2021
BETWEEN:
M/S. VALUE B INFRAA,
FLAT NO.306-A, 5TH MAIN,
4TH PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS DIRECTOR
RAMESH.
...APPELLANT
(BY SRI. RUDRABHUSHAN C.B., ADVOCATE (ABSENT))
AND:
Digitally
signed by K G M/S. RAMALINGAM CONSTRUCTION
RENUKAMBA COMPANY PVT. LTD.,
Location: NO.705, TOWERS, BINNYSTON GARDEN,
High Court of
Karnataka K.P.AGRAHARA POST, MAGADI MAIN ROAD,
BENGALURU.
REPRESENTED BY ITS GENERAL MANAGER
P.PRABHAKARAN.
...RESPONDENT
(BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE)
THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLIII OF
THE CODE OF CIVIL PROCEDURE, 1908 AS AMENDED BY
COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE
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NC: 2024:KHC:44658-DB
COMAP No. 74 of 2021
JUDGMENT AND DECREE DATED 17.03.2021 PASSED BY THE
LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE (CCH-85, COMMERCIAL COURT), BENGALURU IN
COMMERCIAL ORIGINAL SUIT NO.4145 OF 2017, IN WHICH
THE HON'BLE TRIAL COURT HAS ERRONEOUSLY HELD THAT
DEFENDANT/APPELLANT IS LIABLE TO PAY A SUM OF INR.
45,00,000/- (FORTY-FIVE LAKHS ONLY) TO
PLAINTIFF/RESPONDENT, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
AND
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) There is no appearance for the appellant even on the second call.
2. Hence, the appeal is dismissed in default and for non-prosecution.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(S RACHAIAH) JUDGE PA List No.: 1 Sl No.: 1