In the High Court of Karnataka at Bangalore
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7 TH DAY OF SEPTEMBER 2012
BEFORE
THE HON’BLE MR.JUSTICE N.ANANDA
M.F.A.NO.4451/2011 C/W. M.F.A.NOS.7338/2011 & 5428/2011
M.F.A.NO.4451/2011:
BETWEEN: 1. DR KRATHISH BOPANNA S/O LATE MR.NANAIAH K K AGED ABOUT 38 YEARS R/AT FLAT NO.301, PALM COURT GARDEN ESTATE NEAR JAKKUR FLYING CLUB BELLARY RAOD, BANGALOER 64
2. MR.M B SUBBAIAH S/O MR.M.B.DEVAIAH AGED ABOUT 30 YEARS R/AT S-4, SRI CASTLE APARTMENT NO.10, 18TH AND 19TH CROSS KEMPAPURA EXTENSION, HEBBAL BANGALORE 24
3. MR B A UMESH S/O MR.ANANTHA PADMANBHA RAO AGED ABOUT 37 YEARS R/AT A-303, PRIDE APARTMENTS BILLEKHAHALLI, BANNERGHATTA ROAD BANGALORE 79
4. DR JAYANTI GUPTA W/O MR. DEBJIT BISWAS AGED ABOUT 37 YEARS R/AT 301, TRAILOKYA 16TH ROAD, KHAR WEST MUMBAI 400 052 - 2 -
5. MR PARIJAT NANDY S/O LATE MR.P K NANDY AGED ABOUT 40 YEARS R/AT 367, NANDAN 5 TH MAIN 7TH CROSS, DUO HEIGHTS LAYOUT DEVARACHIKKANAHALLI ROAD OPP. BEGUR MAIN RAOD BANGALORE 68
6. MR SATHISH PRABHU S/O MR.P N PRABHU AGED ABOUT 31 YEARS R/AT NO.42, PADMA VANI 15TH CROSS, ALN LAYOUT, MANIPAL 576 104
7. SEMLER RESEARCH CENTRE PRIVATE LIMITED - DELETED - ... APPELLANTS (BY M/S.UDAY SHANKAR ASSOCIATES, ADVS.)
AND:
1. M/S MANIPAL ACUNOVA LIMITED (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS OFFICE AT MOBIUS TOWERS SJR I-PARK, EPIP, WHITE FIELD BANGALORE 560 066.
2. SEMLER RESEARCH CENTRE PRIVATE LIMITED HAVING ITS OFFICES AT 75/A 15TH CROSS, IST PHASE, J P NAGAR BANGALORE 560 078 ... RESPONDENTS (BY M/S. INDUS LAW, ADVS. FOR C/R-1 SRI P.B.RAJU, ADV. FOR R-2)
MFA FILED U/O 43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DT.01.04.2011 PASSED ON I.A.NO.I & V IN O.S.NO.7934/2010 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, ALLOWING I.A.NO.I FILED U/O 39 RULES 1 & 2 R/W SEC.151 OF CPC FOR T.I. AND DISMISSING I.A.NO.V FILED U/O 39 RULE 4 R/W SEC.151 OF CPC, FOR VACATING EXPARTE T.I. - 3 -
M.F.A.NO.7338/2011:
BETWEEN:
SEMLER RESERACH CENTRE PRIVATE LIMITED (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS OFFICE AT 75/A, 15TH CROSS, I PHASE, J P NAGAR, BANGALORE 78 REP BY DR KRATHISH BOPANNA S/O LATE MR NANAIAH K K ... APPELLANT (BY SRI P B RAJU, SRI P S JAGADISH & SRI SURAJ R.MANJESHWAR, ADVS.)
AND:
1. M/S MANIPAL ACUNOVA LIMITED (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS OFFICE AT MOBIUS TOWERS SJR I PARK, EPIP, WHITE FIELD BANGALORE 560 066
2. DR KRATHISH BOPANNA S/O LATE MR.NANAIAH K K AGED ABOUT 38 YEARS R/AT FLAT NO 301, PALM COURT GARDEN ESTATE, NEAR JAKKUR FLYING CLUB, BELLARY ROAD BANGALORE 560 064
3. MR M B SUBBAIAH S/O MR M B DEVAIAH AGED ABOUT 30 YEARS R/AT S-4, SRI CASTLE APARTMENT NO.10, 18TH AND 19TH CROSS KEMPAPURA EXTENSION HEBBAL, BANGALORE 560 024 ALSO AT K.MEDUGUNE VILLAGE POST ABBEY FALLS ROAD MADIKERI, KODAGU 571 201 - 4 -
4. MR B A UMESH S/O MR ANANTHA PADMANABHA RAO AGED ABOUT 37 YEARS R/AT NO A 303, PRIDE APARTMENTS BILLEKHAHALLI, BANNERGHATTA ROAD BANGALORE 560 079
5. DR JAYANTHI GUPTA W/O MR DEBJIT BISWAS AGED ABOUT 37 YEARS R/AT 301, TRAILOKYA 16TH ROAD, KHAR WEST MUMBAI 400052
6. MR PARIJAT NANDY S/O LATE MR P K NANDY AGED ABOUT 40 YEARS R/AT 367 NANDAN, 5TH MAIN 7TH CROSS, DUO HEIGHTS LAYOUT DEVARACHIKKANAHALLI ROAD OPP BEGUR MAIN ROAD BANGALORE 68
7. MR SATHISH PRABHU S/O P N PRABHU AGED ABOUT 31 YEARS R/AT NO.42, PADMA VANI 15TH CROSS, ALN LAYOUT MANIPAL - 576 104 ... RESPONDENTS (BY M/S INDUS LAW, ADVS. FOR R-1 M/S.UDAY SHANKAR ASSOCIATES, ADVS. FOR R2-7)
MFA FILED U/ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 1.4.11 PASSED ON IA NO.1 IN O.S.NO.7934/2010 ON THE FILE OF V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, ALLOWING IA NO.1 FILED U/ORDER 39 RULE 1 & 2 R/W SEC 151 OF CPC FOR T.I. - 5 -
M.F.A.NO.5428/2011:
BETWEEN:
MANIPAL ACUNOVA LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS OFFICE AT MOBIUS TOWERS, SJR-I-PARK, EPIP WHITEFIELD, BANGALORE- 560 006 ... APPELLANT (BY M/S.INDUS LAW, ADVS.)
AND:
1. DR KRATHISH BOPANNA AGED ABOUT 38 YEARS S/O LATE MR.NANAIAH K K R/A FLAT NO.301, PALM COURT GARDEN ESTATE, NEAR JAKKUR FLYING CLUB BELLARY ROAD, BANGALORE-560 064
2. MR.SUBBAIAH S/O MR.M B DEVAIAH AGED ABOUT 30 YEARS R/A S-4, SRI SRI CASTLE APARTMENT NO.10, 18 TH AND 19 TH CROSS KEMPAPURA EXTENSION HEBBAL, BANGALORE-560 024
AND ALSO RESIDING AT K MEDUGUNE VILLAGE POST ABBEY FALLS ROAD MADIKERI, KODAGU 571 201.
3. MR. B A UMESH S/O MR. NANTHA PADMANABHA RAO AGED ABOUT 37 YEARS R/A A-303, PRIDE APARTMENTS BILLEKAHALLI, BANERGAHTTA ROAD BANGALORE-560 079 - 6 -
4. DR. JAYANTI GUPTA W/O MR.DEBJIT BISWAS AGED ABOUT 37 YEARS R/A 301, TRAILKYA, 16TH ROAD KHAR WEST, MUMBA-400 052
5. MR. PARIJAT NANDY S/O LATE MR.P K NANDY AGED ABOUT 40 YEARS R/A NO. 367, NANDAN, 5TH MAIN 7TH CROSS, DUO HEIGHTS LAYOUT DEVARACHIKKANAHALLI ROAD OFF BEGUR MAIN ROAD BANGALORE-560 068
6. MR.SATISH PRABHU S/O MR.P N PRABHU AGED ABOUT 31 YEARS R/A NO.3, PADMA VANI 15TH CROSS, ALN LAYOUT MANIPAL 576 104
7. SEMLER RESEARCH CENTRE PVT. LTD., (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS OFFICES AT 75/A, 15TH CROSS IST PHASE, J P NAGAR BANGALORE-560 078 ... RESPONDENTS (BY SRI UDAY SHANKAR, ADV.)
MFA FILED U/ORDER 43 RULE 1(r) R/W SEC 151 OF CPC, AGAINST THE ORDER DATED 1.4.2011 PASSED ON IA NO.1 IN O.S.NO.7934/2010 ON THE FILE OF V ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, ALLOWING IA NO.1 FILED U/ORDER 39 RULES 1 & 2 R/W SEC 151 OF CPC FOR T.I.
THESE APPEALS COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 7 -
J U D G M E N T
The learned Counsel for appellants in
M.F.A.No.4451/2011 has filed a memo reading as hereunder:
“The undersigned counsel for appellants does herewith prays before this Hon’ble Court that, the Court may be pleased to permit the appellants to withdraw the above appeal since the original suit filed by the respondent/plaintiff against the appellants/defendant No.1 to 6 before the City Civil Court, Bangalore (CCH-13) in O.S.No.7934 of 2010 is disposed off in terms of the Compromise Petition filed by both the parties. Certified Copies of order, decree and compromise petition dated 13.2.2012 are produced as Annexure – A, B & C. This memo may be taken on record and necessary orders may be passed as prayed in the interest of justice and equity.”
2. The learned Counsel for appellant in
M.F.A.No.7338/2011 has filed a memo reading as hereunder: - 8 -
“The undersigned counsel for appellant does herewith prays before this Hon’ble Court that, the Court may be pleased to permit the appellant to withdraw the above appeal since the original suit filed by the respondent/plaintiff against the appellant/defendant No.7 before the City Civil Court, Bangalore (CCH-13) in O.S.No.7934 of 2010 is disposed off in terms of the Compromise Petition filed by both the parties. Certified Copies of order, decree and compromise petition dated 13.2.2012 are produced as Annexure – A, B & C. This memo may be taken on record and necessary orders may be passed as prayed in the interest of justice and equity.”
3. The learned Counsel for appellant in
M.F.A.No.5428/2011 has filed a memo reading as hereunder:
“The Counsel for the appellant most humbly submits as follows: The appellant has preferred the present appeal being aggrieved by the impugned order of the V Additional City Civil Judge (CCH 13), Bangalore, dated 1/4/2011 in O.S.No.7934/2010 to the extent only that the - 9 -
said order only partly allows the I.A No.1 filed by the appellant, instead of allowing the said I.A.No.1 in full. However, the said suit (O.S.No.7934/2010) has been disposed off in terms of a compromise by order dated 13.2.2012 by the Court below. Hence, the present appeal has become infructuous. Wherefore, it is prayed of this Hon’ble Court that the present appeal may be dismissed as withdrawn in the interest of justice and equity.”
4. In view of the aforestated memos, the appeals are dismissed.
Sd/- JUDGE nas.