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1990 Supreme(Kar) 283

K.A.SWAMI, N.D.V.BHATT
ARUN ENTERPRISES – Appellant
Versus
KARNATAKA AGRO INDUSTRIES CORPORATION LIMITED, BANGALORE – Respondent


Advocates:
A.S.VISHWANATH, B.K.Kemparajaiah

K. A. SWAMI, J.

( 1 ) BY the order dated 9-7-1990, this appeal was ordered to be transferred to the city civil court, Bangalore city in the light of the Provisions contained in clause (c) of sub-section (1) of Section 4 of the Karnataka Act No. 13 of 1989 which came into force on 17th april, 1989 read with Section 12 (1) of the Bangalore city civil courts Act, 1979. Before that order came to be typed and signed by us, we noticed that the Provisions contained in Section 18 of the Bangalore city civil courts act No. Had not been taken note of. Therefore, we directed the appeal to be posted "for being spoken to" on 10-7-1990. It was also pointed out to the learned counsel appearing for both sides that as the effect of Section 18 (1) of the Bangalore city civil courts Act, 1979 and the words "law for the time being in force in the city of Bangalore" occurring in Section 12 (1) of the act were not taken into account, the order required to be recalled and the appeal required to be heard on merits. On this, the learned counsel took time to address the court. Time granted till today to address the court. Accordingly, we have heard both sides on the question as to whether the appeal require














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