This is a commercial appeal filed in Karnataka. The appellant sought leave to withdraw the appeal to challenge an impugned order via a writ petition. The High Court granted leave, returned the file, and dismissed the appeal as withdrawn.
Leave granted to withdraw the appeal to challenge the order via writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:21971-DB COMAP No. 103 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE COMMERCIAL APPEAL NO. 103 OF 2023
BETWEEN:
M/S RENOWN HOTELS AND RESORTS PVT. LTD., NO. 50 GOLD TOWERS, RESIDENCY ROAD, BENGALURU - 560025, REP. BY ITS MANAGING DIRECTOR, MR. C P TAYAL.
…APPELLANT
(BY SRI V LAKSHMINARAYAN SR. COUNSEL FOR SMT. ANUSHA L, ADVOCATE)
AND:
Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:21971-DB COMAP No. 103 of 2023
OFFICE AT NO. 50, (OLD NO. 98/1), III FLOOR, NOW KNOWN AS GOLD TOWERS, RESIDENCY ROAD, BENGALURU 560 025, REPRESENTED BY ITS MANAGING PARTNER 1. MR. C P TAYAL,
…RESPONDENTS
(BY SRI ANUP SEETHARAM RAO, ADVOCATE FOR R1, SRI ABHISHEK METHA S ADVOCATE FOR R2, R3, R4, R5, R6 - SERVED)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO:
I. CALL FOR RECORDS IN COM. O.S. NO. 1496/2022 ON THE FILE OF THE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BANGALORE (CCH-86) AT BANGALORE.
II. ALLOW THE PRESENT APPEAL AND CONSEQUENTLY SET ASIDE THE ORDER DATED 04.03.2022 AND ALLOW THE APPLICATION FILED BY THE APPELLANT IN COM.O.S. NO. 1496/2022 FILE FILED BEFORE THE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BANGALORE (CH-86) AND ETC.,
NC: 2023:KHC:21971-DB COMAP No. 103 of 2023
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri V Lakshminarayana, learned Senior Counsel for the appellant fairly submits that against the order dated 04.03.2023, appeal under Section 13(1A) of the Commercial Courts Act, 2015 does not lie as by the impugned order, Commercial Court has rejected the application filed by defendant No.7 for return of the plaint. He therefore seeks leave of the Court to withdraw the appeal with liberty to challenge the order dated 04.03.2023 in the writ petition.
Sd/JUDGE
Sd/JUDGE
BRN List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the appeal should be allowed to proceed after the appellant sought leave to withdraw it to challenge the order via writ.
2 provisions across 1 enactments
M/s Renown Hotels and Resorts Pvt. Ltd., Rep. by Mr. C P Tayal
M/s Haje’ Ebrahim Sait Wakf
M/s Mohan Towers
Mr. C.P. Tayal
Mrs. Kusum Tayal
M/s Mohan Towers Association
Allok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
