Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010035892023 NC: 2026:KHC:51706-DB COMAP No. 23 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA COMMERCIAL APPEAL NO. 23 OF 2023 BETWEEN:
1.
CARNIVAL FILMS PVT LTD CARNIVAL HOUSE REP. BY IT DIRECTOR MR. RENI VERUGHESE GENERAL A.K. VAIDYA MARG OFF WESTERN EXPRESS HIGHWAY DINDOSHI, MALAD (EAST) MUMBAI-400 097
2.
M/S CINEMA VENTURES PVT LTD CARNIVAL HOUSE REP. BY ITS DIRECTOR MR. PRASANTH NARAYANAN GENERAL A.K VAIDYA MARG OFF WESTERN EXPRESS HIGHWAY DINDOSHI, MALAD (EAST) MUMBAI-400 097
3.
STARGAZE ENTERTAINMENT PVT LTD REP. BY ITS DIRECTOR MR. SANJIV VINOD SINGH F-1/132-B, T/F, KH NO.88/2/3 GALI NO.1, MAHAVIR ENCLAVE NEW DELHI-110 045 …APPELLANTS (BY SRI. MAHENDRA GOWDA C.R, ADVOCATE - [ABSENT])
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010035892023 NC: 2026:KHC:51706-DB COMAP No. 23 of 2023
AND:
GRIFFITH FOOD PVT LTD GRIFFITH HOUSE, SITE NO.3 AND 4 KHB COLONY, AIRPORT BYE-PASS ROAD YELAHANKA, BENGALURU-560 064 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. DHIREN SURESH KANWAR …RESPONDENT (BY SRI. ANISH ACHARYA, ADVOCATE/CR)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR THE ENTIRE RECORDS IN COM O.S. NO. 296/2021 ON THE FILE OF THE LEARNED LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-86) AND ALLOW THE INSTANT APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 05.03.2022 IN COM.O.S. 296/2021 PASSED BY THE LEARNED LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-86) ALLOWING THE SUIT FILED BY THE PLAINTIFF, PRODUCED AT ANNEXURE A AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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HC-KAR
CNR: KAHC010035892023 NC: 2026:KHC:51706-DB COMAP No. 23 of 2023
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the
learned counsel for the respondent.
2. It is submitted that the appellants are not seriously prosecuting the matter and that the learned counsel has not been appearing before this Court. It is further submitted that the appellants-Companies are under liquidation and that the resolution professionals have also not entered appearance before this Court.
3. We notice that the appeal is filed with a delay of 257 days. Since there is no appearance on behalf of the appellants today as well, we see no reason to proceed with the consideration of this appeal.
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HC-KAR
CNR: KAHC010035892023 NC: 2026:KHC:51706-DB COMAP No. 23 of 2023
4. Accordingly, the appeal is dismissed for default.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (T.P.VIVEKANANDA) JUDGE
SMC List No.: 1 Sl No.: 18 .