Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 44644 (AP)

M/s Nagarjuna Construction Company Ltd., v. M/s. Sharat Industries Ltd., Previously Known as Sharat Sea

AS/40/2013 · 2025-04-24

Maheswara Rao Kuncheam, Ravi Nath Tilhari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI I FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NOS: 1091 OF 2012, 24 & 40 OF 2013 AS.NO.1091 OF 2012 Appeal filed under Section 96 of C.P.C, aggrieved by the Judgment and decree dated 02-04-2012 made in O.S.No.21 of 1998 on the file of the Court of the I Additional District Judge, Nellore. BETWEEN:- M/s. Sharat Industries Ltd.,, a Cd'mpciny Incorporated under the Companies Act. 1956, having its registered office df Venkannapalem, T.P. Gudur, Nellore, rep. by its Managing Director, Sabbella Prasad Reddy, S/o. Venkara Reddy, Aged: 56 yrs, R/o. H.No. 16/375W2, Ramalingapuram, Nellore - 524 003. ...APPELLANT/PLAINTIFF AND M/s. Nagarjuna Construction Co. Ltd.,, a Company Incorporated under the Companies Act, 1956, having it? registered office at 41, Nagarjuna Hills, Punjagutta, Hyderabad Rep. by its Managing Director. ...RESPONDENT/DEFENDANT Counsel for the Appellant(s):- SRI. S. SRINIVAS REDDY Counsel for the Respondents:- SRI. KOWTURU PAVAN KUMAR /■ ' • FIRST appeal NO: 24 OF 2013 Appeal filed under Section 96 of C.P.C, aggrieved by the Judgment and decree dated 02-04-2012 made in O S.No.28 of 1998 on the file of the Court of the I Additional District Judge, Nellbre. BETWEEN: M/S. Sharat Industires Ltd., a Company incorporated, under the companes Act, 1956, having its registered offic^e at Venkannapalem, T.P.Gudur, Nellore , Rep.byits Managing Director, Sabbella Prasad Reddy, S/o Venkata Reddy, aged about 56 years, R/o H.NOi16/375-A/2, Ramalingapuram, Nellore-524 003. ...APPELLANT/DEFENDANT AND M/s. Nagarujna Construction Co. Ltd.,, A Company Incorporated under the Companies Act, 1956, having its Registered office at 41, Nagarjuna Hills, Punjagutta, Hyderabad, rep.by its Managing Director. ...RESPONDENT/PLAINTFF Counsel for the Appellant(s):- SRI; S. SRINIVAS REDDY Counsel for the Respondents:-SIRI. KOWTURU PAVAN KUMAR FIRST APPEAL NO: 40 OF 2013 Appeal filed under Section 96 of C.P.C, against the Judgment and Decree passed in O.S.No.21 of 1998 dated 02-04-2012 on the file of the Hon'ble I Addl. District Judge, Nellore. 5 BETWEEN:- M/s Nagarjuna Construction Company Ltd.,, Having Its Regd. Office at 41, Nagarjuna Hills, Punjagutta, Hyderabad, (Presently M/s. NCC Limited, Having Its Regd Office at NCC House, Sy.No.64, Madhapur, Hyderabad 500081, Rep., by Mr. M.V.Srinvasa Murthy, Company Secretary-Cum-Sr. Vice President-Legal. ft ' ...APPELLANT AND M/s. Sharat Industries Ltd., Previously Known as Sharat Sea, Foods Ltd., Rep. by its Managing •Director, Sri.S.Prasad Reddy, 16-375/A/2, Ramalingapuam, Nellore. ...RESPONDENTS >*^^1 A. NO: 1 OF 2013 (AS.MP. NO: 92 OF 2013J Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the Judgment and decree passed in OS NO. 21 of 1998 dated 2.4.2012 on the file of the Hon'ble I Addl. District Judge, Nellore, to the extent it directed the petitioner to pay token damages of Rs. 10,00,000/- (Rupees ten Lakshs only) to the respondent with subsequent interest @ 12% p a from the date of suit till the date of realization, pending disposal of the appeal. Counsel for the Appellant(s):- SRI. KOWTURU PAVAN KUMAR Counsel for the Respondents:- SRI. S. SRINIVAS REDDY The Court made the following: / rP THE HONOURABLE SRi JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NOs: 1091 of 2012, 24 & 40 of 2013 COMMON JUDGMENT: (per Ravi Nath Tilhari, J) Sri S.Kartheek, learned counsel representing Sri S.Srinivas Reddy, learned counsel submits that the matters have been settled out of Court during the pendency of the appeals. He submits that the appeals be dismissed as not pressed. 2. Accordingly, A.S.Nos.1091 of 2012 & 24 of 2013 are dismissed as not pressed. 3. The respondents in A.S.Nos.1091 of 2012 & 24 of 2013 have also filed A.S.No.40 of 2013. 4. None appears for Sri Kowturu Pavan Kumar, learned counsel. 5. A.S.No.40 of 2013 is dismissed for default. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- M RAMESH BABU DEPUTY iREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The 1st Additional District Judge, Nellore. 2. One CC to Sri S. Srinivas Reddy, Advocate [OPUC] 3. One CC to Sri Kowturu Pavan Kumar, Advocate [OPUC] 4. Three C.D Copies ssl (gsg) HIGH COURT DATED: 25/04/2025 X 23)UN2n?5 ^ . Cunw' SeMion ^ ^^OgSPATC»^^ tor ORDER AS.NOS.1091 OF 2012, 24 & 40 OF 2013 AS.NO.1091 OF 2012 & 24 OF 2013 ARE DISMISSED AS NOT PRESSED. , AS.NO.40 OF 2013 IS DISMISSED FOR DEFAULT. j