IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI COMMERCIAL APPEAL NO.15 OF 2019 BETWEEN:
SATTVA BUILDCON PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT SALARPURIA WINDSOR, NO.3 4TH FLOOR, ULSOOR ROAD BENGALURU-560 042 KARNATAKA REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. ASHWIN SANCHETI.
...APPELLANT (BY SRI: SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR SRI: P. CHINNAPPA, ADVOCATE) AND:
1. MRS. BADAR JAHAN WIFE OF MR. IQBAL AHMED JUNAIDI AGED ABOUT 64 YEARS RESIDING AT NO.72/7, 1ST CROSS TIPPU SULTAN PALACE ROAD KALASIPALYAM BENGALURU-560 002 KARNATAKA.
2. MRS. ANWARI JAHAN WIFE OF MR. MAHMOOD KHAN AGED ABOUT 62 YEARS RESIDING AT NO.72/7, 1ST CROSS TIPPU SULTAN PALACE ROAD KALASIPALYAM BENGALURU-560 002 KARNATAKA.
(ALSO REPRESENTED BY GPA HOLDER MR. MOHAMED ZAHIRUDDIN) 3. MR. MOHAMMED ZIAUDDIN SON OF LATE MR. B. MOHAMED IMAM AGED ABOUT 60 YEARS RESIDING AT NO.10 SHADAAB PLAIN STREET SHIVAJINAGAR BENGALURU-560 001 KARNATAKA.
(ALSO REPRESENTED BY GPA HOLDER MR. MOHAMED ZAHIRUDDIN) 4. MR. MOHAMED ZAHIRUDDIN SON OF LATE B. MOHAMMED IMAM AGED ABOUT 58 YEARS RESIDING AT NO.10 SHADAAB PLAIN STREET SHIVAJINAGAR BENGALURU-560 001 KARNATAKA.
5. MR. MOHAMED SAYEEDUDDIN SON OF LATE B. MOHAMMED IMAM AGED ABOUT 56 YEARS RESIDING AT NO.10 SHADAAB PLAIN STREET SHIVAJINAGAR BENGALURU-560 001 KARNATAKA.
6. MR. MOHAMED RIYAZUDDIN SON OF LATE B. MOHAMMED IMAM AGED ABOUT 53 YEARS RESIDING AT NO.10 SHADAAB PLAIN STREET SHIVAJINAGAR BENGALURU-560 001 KARNATAKA.
(ALSO REPRESENTED BY GPA HOLDER MR. MOHAMED ZAHIRUDDIN) 7. MR. MOHAMED KALEEMUDDIN SON OF LATE B. MOHAMMED IMAM AGED ABOUT 48 YEARS RESIDING AT NO.10 SHADAAB PLAIN STREET SHIVAJINAGAR BENGALURU-560 001 KARNATAKA.
…RESPONDENTS (BY SRI: M.G.S. KAMAL, ADVOCATE FOR C/R1 TO R7) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015 READ WITH SECTION 37 (1)(A) AND (B) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON’BLE COURT TO CALL FOR LOWER COURT RECORDS IN COMM A.A. NO.17 OF 2019, FILED BEFORE THE HON’BLE COURT OF THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (C.C.H.83); ALLOW THE PRESENT APPEAL IN FAVOUR OF THE APPELLANT; CONSEQUENTLY SET ASIDE THE ORDER DATED 21.08.2019, PASSED BY THE HON’BLE COURT OF THE LXXXII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU (C.C.H.83) IN COMM A.A. NO.17 OF 2019 AND ALLOW THE COMM. A.A. NO.17 OF 2019 (ANNEXURE-A); AWARD COSTS OF THE PRESENT APPEAL AND COMM. A.A. NO.17 OF 2019 IN FAVOUR OF THE APPELLANT AND GRANT SUCH OTHER RELIEF OR RELIEFS THAT THIS HON’BLE COURT MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO SECURE THE ENDS OF JUSTICE AND EQUITY.
***** THIS COMMERCIAL APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A joint memo is filed in the Court today signed by both the parties. They have arrived at various terms and conditions.
2. We have considered the same. The joint memo is accepted.
The appeal is disposed off in terms of the joint memo.
Sd/- JUDGE Sd/- JUDGE *bgn/-