High CourtsSingle Bench(2024) 01 KAR CK 0032

M/S Kwikman Projects Pvt. Ltd. A Company Incorporated Under The Companies Act, 2013 & Others vs Dtwelve Spaces Pvt. Ltd. A Company Incorporated, Under The Companies Act, 2013 Having Registered Office At. 210/C-1/1, 2nd Floor, Amber Tower, Commercial Compex, Aazadpur, New Delhi � 110 033. Represented By Its Authorized Representative. Sri Gulzar Hussain & Others

Karnataka High Court · Decided on 12 January 2024

HON’BLE JUDGES
S.R. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 1224 Of 2024 (GM-CPC)

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Judgment

7 paragraphs · 294 words

S.R. Krishna Kumar, J

1.

In this petition, the limited request of the petitioners is for expeditious disposal of M.A.No.2/2024 (Old M.A.No.18/2023) pending before the first Appellate Court.

2.

Heard learned Senior counsel for the petitioners and perused the material on record.

3.

Learned Senior counsel for the petitioners submit that since there is no interim order passed in the appeal, necessary directions may be issued to the first appellate court to dispose of the appeal itself expeditiously.

4.

A perusal of the material on record discloses that aggrieved by the order dated 18.12.2023 passed on I.A.Nos.1 and 2 in O.S.No.1524/2023 in favour of the 1st respondent – plaintiff against the defendants – petitioners, appeal in M.A.No.2/2024 (Old M.A.No.18/2023) was preferred by the defendants, in which the sole respondent is none other than the 1st respondent herein has entered appearance and the matter is now posted before the first appellate court on 25.01.2024.

5.

In view of the submission made by the learned Senior counsel for the petitioners, coupled with the fact that the sole respondent has entered appearance in M.A.No.2/2024 (Old M.A. No.18/2023), which is posted on 25.01.2024, I deem it just and appropriate to dispose of this petition directing the first appellate court to dispose of M.A.No.2/2024 (Old M.A.No.18/2023) on or before 27.01.2024. The petitioners are permitted to pre-pone M.A.No.2/2024 (old M.A.No.18/2023) from 25.01.2024 to 17.01.2024 by filing an appropriate application on 16.01.2024 in this regard. In the event, if such an application is filed by the petitioners before the first Appellate Court in M.A.No.2/2024 (Old M.A.No.18/2023), the fist appellate court shall pre-pone the appeal from 25.01.2024 to 17.01.2024 and dispose of the same on or before 27.01.2024 in accordance with law.

6.

Subject to the aforesaid directions, petition stands disposed of.