IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

Dated this the 7TH day November 2019

Present

THE HON'BLE MR.JUSTICE ALOK ARADHE

and

THE HON'BLE MR.JUSTICE P.G.M. PATIL

RFA NO.4111/2012 (MON) C/W RFA NO.4112/2012, RFA NO.4144/2012, RFA NO.4145/2012, RFA NO.4146/2012, RFA NO.4147/2012

IN RFA NO.4111/2012:

BETWEEN

M/S. VESTAS WIND TECHONOLOGY INDIA PVT LTD., #298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019 R/BY ITS AUTHORISED SIGNATORY, MR. D. T. BABU (ASST. MANAGER - LEGAL)

... APPELLANT

(By SHRI. SUNIL S. DESAI, ADV.)

AND

M/S.MSPL LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, HOSPET -583203,

R/BY ITS MANAGING DIRECTOR.

... RESPONDENT

(By SHRI. G K HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.50/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, INJUNCTION AND FOR RECOVERY OF MONEY.

IN RFA NO.4112/2012:

BETWEEN

M/S. VESTAS WIND TECHONOLOGY INDIA PVT LTD., #298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019, R/BY ITS AUTHORISED SIGNATORY, MR. D. T. BABU (ASST. MANAGER - LEGAL).

... APPELLANT

(By SHRI. SUNIL S. DESAI, ADV.)

AND

M/S.MSPL LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, HOSPET-583203 R/BY ITS MANAGING DIRECTOR.

... RESPONDENT

(By SRI.G.K. HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.50/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, INJUNCTION AND FOR RECOVERY OF MONEY.

IN RFA NO.4144/2012:

BETWEEN

M/S VESTAS WIND TECHNOLOGY INDIA PVT. LTD., # 298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019, REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY: D.T. BABU (ASST.MANAGER-LEGAL)

... APPELLANT

(By SHRI.SUNIL S DESAI, ADV.)

AND

M/S RAMGAD MINERALS & MINING PVT.LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, HOSPET-583 203. REPRESENTED BY ITS MANAGING DIRECTOR.

... RESPONDENT

(By SHRI.G.K.HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.49/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, PARTLY DECREEING THE SUIT FILED FOR RECOVERY OF MONEY AND PERMANENT INJUNCTION.

IN RFA NO.4145/2012:

BETWEEN

M/S VESTAS WIND TECHNOLOGY INDIA PVT LTD., #298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019, R/BY ITS AUTHORISED SIGNATORY, MR. D.T. BABU (ASST. MANAGER- LEGAL).

... APPELLANT

(By SHRI. SUNIL S DESAI, ADV.)

AND

• 1. M/S MSPL LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, HOSPET- 583203, R/BY ITS MANAGING DIRECTOR.
• 2. ICICI BANK MG ROAD BRANCH, NUNGAMBAKKAM, CHENNAI-600034, R/BY ITS AUTHORISED REPRESENTATIVE.

... RESPONDENTS

(By SHRI. G K HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.114/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, DISMISSING THE SUIT FILED FOR DECLARATION, AND PERMANENT INJUNCTION.

IN RFA NO.4146/2012:

BETWEEN

M/S VESTAS WIND TECHNOLOGY INDIA PVT LTD., #298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019, R/BY ITS AUTHORISED SIGNATORY, MR. D.T. BABU (ASST. MANAGER- LEGAL).

... APPELLANT

(By SHRI. SUNIL S DESAI, ADV.)

AND

• 1. M/S. RAMGAD MINERALS & MINING PVT. LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, HOSPET-583203, R/BY ITS MANAGING DIRECTOR.
• 2. ICICI BANK, MG ROAD BRANCH, NUNGAMBAKKAM, CHENNAI-600034, R/BY ITS AUTHORISED REPRESENTATIVE.

... RESPONDENTS

(By SHRI. G K HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.112/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, DISMISSING THE SUIT FILED FOR RECOVERY OF MONEY, DECLARATION AND PERMANENT INJUNCTION.

IN RFA NO.4147/2012:

6

BETWEEN

M/S VESTAS WIND TECHNOLOGY INDIA PVT LTD., #298, OLD MAHABALIPURAM ROAD, SHOLINGANALLUR, CHENNAI-600019, R/BY ITS AUTHORISED SIGNATORY, MR. D.T. BABU (ASST. MANAGER- LEGAL)

... APPELLANT

(By SHRI. SUNIL S DESAI, ADV.)

AND

M/S RAMGAD MINERALS & MINING PVT LTD., NOW HAVING OFFICES AT: BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD HOSPET-583203, R/BY ITS MANAGING DIRECTOR.

... RESPONDENT

(By SHRI. G K HIREGOUDAR, ADV. FOR C/R)

RFA FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.07.2012 PASSED IN O.S.NO.49/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HOSPET, PARTLY DECREEING THE SUIT FILED FOR RECOVERY OF MONEY AND PERMANENT INJUNCTION.

---

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, ALOK ARADHE, J, MADE THE FOLLOWING:

ORDER

Shri.Sunil S. Desai, learned counsel for appellant.

The aforesaid appeals had come up for consideration before this Court on 23.10.2019. On the aforesaid date, Shri.Sunil S. Desai, learned counsel for the appellant had undertaken to prepare a synopsis and produce the same on the next date of hearing.

In view of the prayer made by Shri.Sunil S. Desai, learned counsel for appellant that the matters have to be argued by an outstation counsel, thus the appeals were adjourned and were fixed on 07.11.2019, as prayed for by learned counsel for the appellant.

However, when the matter was taken up today, learned counsel for the appellant submitted that he has not produced synopsis and on the other hand, has expressed his inability to argue the case. Therefore, in view of the provisions contained in Order XLI Rule 19 of the Code of Civil Procedure, we are left with no option to dismiss these appeals for want of prosecution. Accordingly, appeals are dismissed.

Sd/- JUDGE

Sd/- JUDGE

KGK