IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.5300 OF 2015 (CPC) BETWEEN:
M/S. RAJA HOUSING LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT RAJA MAHALAKSHMI, F-2, #12, BASAPPA ROAD, SHANTHINAGAR, BENGALURU – 560027, REPRESENTED BY ITS EXECUTIVE DIRECTOR, MR.M.H.RAMESH, S/O.M.HANUMANTHU NAIDU, AGED ABOUT 45 YEARS. …APPELLANT (BY SRI.V.B.SHIVAKUMAR, ADVOCATE) AND:
1. M/S.BRAHMAPUTRA INFRASTRUCTURE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT A/7, MAHIPALPUR (NH-8 AND MANIPALPUR CROSSINGS), NEW DELHI – 110037.
2. KOTAK MAHINDRA BANK LTD., 10/7, GROUND FLOOR, UMIYA LANDMARK, NEXT TO CHANCERY HOTEL, LAVELLE ROAD, BENGALURU – 560001, REPRESENTED BY ITS BRANCH MANAGER. ...RESPONDENTS (BY SRI.T.V.VIJAY RAGHAVAN, ADV. FOR R1 SMT.GAYATHRI BALU AND SRI V.C.ACHALANAND KHAITAN AND CO. ADVOCATES FOR R2) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.07.2015 PASSED ON IA NO.1 IN O.S.NO.3140/2014 ON THE FILE OF 24TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING IA NO.1 FILED UNDER ORDER 39, RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Heard learned counsel for the appellant and respondents.
2. It is submitted that, the present appeal do not survive for consideration, as the term of the Bank Guarantee has expired.
3. In view of submission of the counsels, the present appeal has become infructuous.
4. Hence, the miscellaneous first appeal is dismissed.
Sd/-
JUDGE SJ