Dismissed

M/S Smart Owner Services India Pvt. Ltd. v. Mr Kamal Kumar

Karnataka HC6 Jul 2023COMAP/138/2023

Case brief

AI extract

What is this about?

The High Court at Bengalura disposed of a commercial appeal filed under the Commercial Courts Act, 2015 and CPC. The Court recorded that the appellants sought to withdraw the appeal with liberty to file a writ petition against the impugned order, and accordingly dismissed the appeal.

What did the court decide?

The appeal was dismissed as withdrawn with liberty to assail the impugned order in a writ petition.

M/S Smart Owner Services India Pvt. Ltd. Vs… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:23243-DB COMAP No. 138 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JULY, 2023

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PRESENT

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THE HON'BLE MR JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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COMMERCIAL APPEAL NO. 138 OF 2023

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BETWEEN:

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M/S SMART OWNER SERVICES INDIA PVT. LTD., 8^TH FLOOR, DELTA BLOCK, SIGMA SOFT TECH PARK, WHITEFIELD VARTHUR ROAD, BENGALURU - 560 066, REP. BY ITS CHIEF EXECUTIVE OFFICER.

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SMART ASSET SERVICES INDIA PVT LTD., 7^TH AND 8^TH FLOOR, DELTA BLOCK, SIGMA SOFT TECH PARK, WHITEFIELD VARTHUR ROAD, BENGALURU - 560 066, REP. BY ITS DIRECTOR.

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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PINEHILL PROPERTIES PVT. LTD., LEVEL 3 AND 4 EMBASSY DIAMANTE 34, VITTALMALLYA ROAD, BENGALURU-560001, REP. BY ITS DIRECTOR.

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…APPELLANTS

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(BY SRI HARIKRISHNA S HOLLA, ADVOCATE)

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AND:

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MR KAMAL KUMAR, S/O NAGENDRA NARAYAN BHAGAT, AGED ABOUT 57 YEARS, RESIDING AT 812, BAY STREET 7, SAN FRANCISCO, CALIFORNIA USA 94109,

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NC: 2023:KHC:23243-DB COMAP No. 138 of 2023

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REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR RAMCHANDRA MUNIRAJU VENUGOPAL, S/O MUNIRAJU RAMCHANDRA, AGED ABOUT 38 YEARS, RESIDING AT NO.31, 2^ND CROSS, BALAJI LAYOUT, NAGARESWARA NAGENAHALLI, DR SHIVARAMA KARANTH NAGAR, BENGALURU - 560 077.

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…RESPONDENT

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(BY SRI KAMAL KUMAR, PARTY IN PERSON)

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER XLIII RULE 1 AND SECTION 104 OF THE CPC, PRAYING TO: (i) SET ASIDE THE IMPUGNED ORDER DATED 30^TH MARCH, 2023 PASSED BY THE (LXXXVII) ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-88 COMMERCIAL COURT, BENGALURU ON I.A.NO.14 IN COM.O.S.NO.391/2020 (ANNEXURE-A) AND ALLOW I.A.NO.14 FILED BY THE APPELLANT HEREIN COM.O.S.NO.391/2020 AND ETC.,

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri Harikrishna S Holla, learned counsel for the

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appellants.

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Sri Kamal Kumar, Party-in-Person/respondent.

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Learned counsel for the appellants seeks leave of

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this Court to withdraw the appeal with liberty to assail the order dated: 30.03.2023 in a writ petition.

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3 - NC: 2023:KHC:23243-DB COMAP No. 138 of 2023

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The aforesaid submission is placed on record.

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Office is directed to return the certified copy of the

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impugned order to the learned counsel for the appellants on substitution thereof by a photocopy.

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Accordingly, the appeal is dismissed as withdrawn

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with liberty as aforesaid.

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In view of the disposal of the appeal, all pending

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interlocutory applications does not survive for consideration. Accordingly, the same are disposed of.

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Sd/JUDGE

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Sd/JUDGE

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BRN

M/S Smart Owner Services India Pvt. Ltd. v. Mr Kamal Kumar

Case brief

What is this about?

What did the court decide?

M/S Smart Owner Services India Pvt. Ltd. v. Mr Kamal Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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