- 1 - HC-KAR NC: 2025:KHC:29611 M.F.A. No.3489/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3489/2025 (CPC) BETWEEN: 1. M/S. BEL KARNATAKA KARMIKARA HITHARAKSHANA SAMITHI (REGD) REP. BY ITS AUTHORISED SIGNATORY OFFICE AT : BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD JALAHALLI POST, BENGALURU-560013 2. THE PRESIDENT BEL KARNATAKA KARMIKARA HITHARAKSHANA SAMITHI (REGD) REP. BY ITS AUTHORISED SIGNATORY OFFICE AT BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD JALAHALLI POST, BENGALURU-560013. …APPELLANTS (BY SRI. CHETAN KUMAR G, ADV., FOR SRI. CHANDRASHEKAR G.M. ADV.,) AND: 1. M. SRINIVASA S/O LATE T. MUNIKRISHNAPPA AGED ABOUT 57 YEARS R/AT. NO.9/1, 'B' STREET 10TH CROSS, MAGADI ROAD BENGALURU-560023. 2. THE GENERAL SECRETARY REP. BY AUTHORISED SIGNATORY M/S BEL KARNATAKA KARMIKARA HITHARAKSHANA SAMITHI (REGD) OFFICE AT : BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29611 M.F.A. No.3489/2025 JALAHALLI POST BENGALURU-560013. 3. THE TREASURER REP. BY ITS AUTHORISED SIGNATORY M/S BEL KARNATAKA KARMIKARA HITHARAKSHANA SAMITHI (REGD) OFFICE AT : BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD JALAHALLI POST, BENGALURU-560013. …RESPONDENTS (BY SRI. ANANDA V, ADV., FOR SRI. JAGDEESH M, ADV., FOR R1) - - - THIS MFA IS FILED U/S 43 RULE 1(D) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO CALL FOR RECORDS IN MISC.NO.1184/2023 AS WELL AS O.S. NO.6418/2021 ON THE FILE OF VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU. SET ASIDE THE JUDGMENT AND DECREE DATED 24.02.2025 PASSED BY THE COURT OF VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN MISC.NO.1184/2023 AND ALLOW THE MISC.NO.1184/2023 ON THE FILE OF VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU THEREBY RESTORING THE OS NO.6418/2021 FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:29611 M.F.A. No.3489/2025 ORAL JUDGMENT This appeal is filed by the appellants who are the defendant Nos.1 and 2 questioning the order passed in Misc.No.1184/2023 dated 24.02.2025 by the VIII Addl. City Civil and Sessions Judge, Bengaluru. 2. The plaintiffs have filed a suit for recovery of money against the defendants. In the suit, notice was issued. The defendant No.3 being the General Secretary of the defendant- Samithi had appeared, filed written statement and contested the suit. Thereafter, the Trial Court has decreed the suit. 3. The defendant Nos.1, 2 and 4 being the Society, the President and the Treasurer have filed the miscellaneous petition under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908, contending that they have not received the suit summons of the suit. Therefore, they pray to remand the case to the Trial Court for fresh consideration. The defendant No.1 is the Samithi, defendant No.2 is the President, defendant No.3 is the Secretary and defendant No.4 is the Treasurer of the Samithi. Defendant No.3 being the General Secretary has appeared on behalf of the Samithi but not on the - 4 - HC-KAR NC: 2025:KHC:29611 M.F.A. No.3489/2025 individual capacity and contested the suit by filing written statement on behalf of defendant-Samithi. When the Samithi is represented by its General Secretary and the suit filed has been contested, it cannot be said that the President and Treasurer of the Samithi did not know about the suit proceedings. When the General Secretary of the Samithi has represented, it means that the whole Samithi is represented and the suit is contested. Though the defendant Nos.1, 2 and 4 took a contention that the suit summons have not been served and they did not know about the proceedings, but this contention cannot be accepted. The defendant No.3 being the General Secretary of the Samithi has appeared and contested the suit. Therefore, it means that he represents the whole Samithi. Therefore, the Trial Court is correct in rejecting the miscellaneous case, as the suit is duly contested by the defendants. Further, in the cross examination, the defendant No.3 has admitted that the relationship between the President, Treasurer and the Secretary are cordial. When this remains the fact, it cannot be said that the defendant-Samithi did not know about the suit proceedings. Therefore, when one of the office bearers was aware of the suit and has contested the suit, the President and - 5 - HC-KAR NC: 2025:KHC:29611 M.F.A. No.3489/2025 the Treasurer also know about the present suit proceedings. Accordingly, the suit is disposed of. Therefore, there is no reason found for allowing the appeal. Hence, the appeal is liable to be dismissed. Accordingly dismissed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE RV List No.: 1 Sl No.: 43