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2025 DAILYLAW 27849 (KAR)

M/S L S G SKY CHEFS (INDIA) PVT LTD v. SRI V BALA KUMARA

COMAP/332/2025 · 2025-07-08

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24787-DB COMAP No. 332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 332 OF 2025 BETWEEN: M/S. L. S. G. SKY CHEFS (INDIA) PVT. LTD. OFFICE AT: BENGALURU INTERNATIONAL AIRPORT, DEVANAHALLI, BANGALORE - 560 300. REPRESENTED BY ITS DIRECTOR-FINANCE, MRS. SHWETHA SHETTY. …APPELLANT (BY MR. KARAN KHIVESRA, ADVOCATE) AND: 1. SRI. V. BALA KUMARA S/O SRI. K. VEERA RAGHAVAN, (SINCE DEAD REPRESENTED BY HIS LRS) SMT. KALA BALAKUMAR AGED ABOUT 63 YEARS, W/O LATE. SRI. V. BALAKUMAR. 2. SMT. GAYATHRI. M. AGED ABOUT 42 YEARS, D/O LATE SRI. V. BALAKUMAR, W/O SRI. MAHESH KUMAR G. BOTH 1 AND 2 ARE RESIDING AT NO.G3, KKR VAJRA APARTMENTS, 115/A3, RVM II STAGE, 4TH BLOCK, MLA LAYOUT, LOTTEGOLLAHALLI, BENGALURU – 560 094. …RESPONDENTS Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24787-DB COMAP No. 332 of 2025 THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER XLIII OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO SET ASIDE THE ORDER DATED 29.03.2025 IN COM. OS NO.130/2022 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE) Sri. Karan Khivesra, learned counsel for the appellant has filed a memo which reads as under: “MEMO The undersigned counsel for the Appellant respectfully submits as follows: That the Appellant and the Respondent have amicably settled the matter in the above case before the Learned Trial Court. In pursuance of the settlement, the Appellant has duly paid the entire decree amount to the Respondent, and the Respondent has acknowledged receipt of the same by filing a Memo of Full Satisfaction of Execution before the Learned Trial Court on 07.07.2025. A copy of the online printout of the - 3 - HC-KAR NC: 2025:KHC:24787-DB COMAP No. 332 of 2025 order sheet dated 07.07.2025 is annexed herewith for the kind perusal of this Hon'ble Court. In light of the above, it is humbly prayed that this Hon'ble Court may be pleased to Permit the Appellant to withdraw the above appeal as the matter now stands settled and be pleased to pass an Order for the return of the entire court fee paid by the Appellant before this Hon'ble Court, in the interest of justice and equity.” 2. He reiterates the prayer for withdrawing the appeal. The appeal is dismissed as withdrawn. On the aspect of return of Court fee, the Registry shall consider the same as per rules. Pending applications, if any, shall stand disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE PA List No.: 1 Sl No.: 44