Dismissed

Mu Sigma Business Solutions Pvt. Ltd. v. the Mathcompany Pvt. Ltd.

Karnataka HC22 Aug 2022MFA/6918/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a Miscellaneous First Appeal against interim order dismissals in an ongoing commercial dispute. The Court allowed withdrawal and subsequently dismissed the appeal as infructuous following the withdrawal of the primary suit.

What did the court decide?

The appeal was dismissed as withdrawn and rendered infructuous due to withdrawal of the underlying suit.

Mu Sigma Business Solutions Pvt. Ltd. Vs the… — Company and Corporate | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF AUGUST, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE V. SRISHANANDA

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MISCELLANEOUS FIRST APPEAL No.6918 OF 2019 (IPR)

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BETWEEN:

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MU SIGMA BUSINESS SOLUTIONS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WHOLLY OWNED SUBSIDIARY OF MU SIGMA INC (I.E APPELLANT NO.2) HAVING ITS REGISTERED OFFICE AT: AVIATOR BUILDING LEVEL 14, ASCENDAS-ITPL SEZ ZONE WHITEFIELD ROAD BANGALORE-560066 AND REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY SRI S.SWAMINATHAN

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MU SIGMA INC A COMPANY INCORPORATED UNDER THE LAW OF UNITED STATES OF AMERICA HAVING ITS REGISTERED OFFICE AT: 3400 DUNDEE ROAD SUITE NO.160, NORTHBROOK ILLINOIS-60062 UNITED STATE OF AMERICA AND REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY SRI S.SWAMINATHAN

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…APPELLANTS

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(BY SRI.PRADEEP NAYAK, ADV.)

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AND:

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THE MATHCOMPANY PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.492, 15TH CROSS, 5TH MAIN INDIRANAGAR, 2ND STAGE BENGALURU-560038 REPRESENTED HEREIN BY ITS DIRECTOR MR SAYANDEB BANERJEE

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SAYANDEB BANERJEE DIRECTOR THE MATHCOMPANY PVT LTD AGED ABOUT 45 YEARS S/O ASHIM KUMAR BANERJEE R/A E 482, NATASHA GOLF VIEW APARTMENT BLOCK E2, RING ROAD, DOMLUR BENGALURU-560071 AND HAVING HIS OFFICE AT:NO.492, 15TH CROSS, 5TH MAIN INDIRANAGAR, 2ND STAGE BENGALURU-560038

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ADITYA KAMBAKONAM DIRECTOR THE MATHCOMPANY PVT LTD., AGED ABOUT 35 YEARS S/O K.VARADARAJAN HAVING ITS OFFICES AT:NO.492 15TH CROSS, 5TH MAIN INDIRANAGAR, 2ND STAGE BENGALURU-560038

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ANUJA KRISHNA MANDAYAM DIRECTOR THE MATHCOMPANY PVT LTD., AGED ABOUT 35 YEARS S/O M.A.SRIKANTH

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HAVING ITS OFFICES AT:NO.492 15TH CROSS, 5TH MAIN INDIRANAGAR, 2ND STAGE BENGALURU-560038

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... RESPONDENTS

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(NOTICE YET TO BE ORDERED IN R/O RESPONDENTS)

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THIS MFA IS FILED U/S 104 R/W ORDER XLIII RULE 1(r) OF CPC, AGAINST THE ORDER DT.11.06.2019 PASSED ON IA NO.1 TO 3 AND IA NO.4 IN O.S.NO.3171/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.10), DISMISSING IA NO.1 TO 3 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, ALLOWING IA NO.4 FILED U/O.39 RULE 4 OF CPC.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Learned counsel for the appellants has filed a

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memo seeking leave of the Court to withdraw the appeal.

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Memo reads as under:

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"The appellants above named submit as under:

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1. The instant appeal has been filed, being aggrieved by the order dated 11 June 2019 in O.S.3171 of 2018 (' Suit ') of the learned XVIII Additional City Civil and Sessions Judge, Bengaluru

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(CCH-10) dismissing the interlocutory application Nos.1 to 3 under Order 39 Rule 1 & 2 read with section 151 of the Civil Procedure Code, 1908 filed by the appellants, and allowing I.A.No.4 under Order 39 Rule 4 filed by the respondents.

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2. The appellants herein, who are the plaintiff in the suit in O.S.3171 of 2018 have withdrawn the suit, and the suit was accordingly dismissed by the learned Trial Court, vide order dated 24.06.2022.

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3. Accordingly, it is submitted that the instant appeal has been rendered infructuous.

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Wherefore, it is humbly prayed that this Hon'ble Court be pleased to dismiss the instant appeal as infructuous, in the interest of justice."

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In view of the memo, the appeal is dismissed as

withdrawn .

Sd/-

JUDGE

ssb

Mu Sigma Business Solutions Pvt. Ltd. v. the Mathcompany Pvt. Ltd.

Case brief

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Mu Sigma Business Solutions Pvt. Ltd. v. the Mathcompany Pvt. Ltd.

Case brief

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