High CourtsDivision Bench(2011) 04 KAR CK 0035

M/s Srinvasa Minerals and Traders Ltd. and M/s Siddeswara International vs M/s Disha Impex Pvt. Ltd. M/s Srinvasa Minerals and Traders Ltd. Vs M/s Disha Impex Pvt. Ltd.

Karnataka High Court · Decided on 12 April 2011

HON’BLE JUDGES
N.K. Patil, J · H.G. Ramesh, J
CASE NUMBER
M.F.A. No. 1946 of 2007 C/W M.F.A. No. 1527 of 2007 (AA)

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Judgment

5 paragraphs · 217 words

N.K. Patil, J.—These two appeals are arising out of the order dated 31.1.2007 passed on I.A.Nos. 3 and 2 in A.A.No. 15013/2006, on the file of the IV Addl. City Civil Judge, Mayo Hall unit. Bangalore.

2.

We have heard the learned Counsel Shri V. Lakshminarayana appearing for the appellants and learned Counsel Sri Shashikiran Shetty for Shri G. Shankar Goud, appearing for the respondents for quite some time.

3.

During" the course of their submission, learned Counsel for the respondents at the outset submitted that the relief sought in these two appeals does not survive for consideration in view of the order dated 10.3.2011, passed by the learned Single Judge of this Court in C.M.P.No. 94/2006 and therefore, these two appeals may be disposed of as having become in fructuous.

4.

Learned. Counsel Shri V. Lakshminarayana for the appellants submitted that, they have made art allegation regarding fraud played by the respondent, but the said stand has been rejected by the order dated 10th March 2011, passed by the learned Single Judge in C.M.P.No. 94/2006.

5.

In the light of the submission made by the learned Counsel, these two appeals are disposed of reserving liberty to the appellants to redress their grievance before the appropriate Forum. The grounds urged in these two appeals are kept open.