Dismissed

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

Karnataka HC6 Jul 2023COMAP/143/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Commercial Appeal No. 143 of 2023 upon the appellants' request to withdraw the appeal, granting them liberty to assail the impugned order in a writ petition. Pending applications were also disposed of.

What did the court decide?

Appeal dismissed as withdrawn with liberty to assail the order in a writ petition; pending applications disposed of.

M/S Smart Owner Services India Pvt. Ltd. Vs Mr Kamal… — Company and Corporate | Karnataka HC (2023)

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1 - NC: 2023:KHC:23245-DB COMAP No. 143 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. 143 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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IMPERIAL DWELLINGS PVT. LTD., LEVEL 3 & 4, EMBASSY DIAMANTE 34, VITTAL MALLYA ROAD, BENGALURU - 560 001, REPRESTED 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,

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- 2 - NC: 2023:KHC:23245-DB COMAP No. 143 of 2023

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CALIFORNIA USA - 94109,

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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 #.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.13 IN COM.O.S.NO.392/2020 (ANNEXURE-A) AND ALLOW I.A.NO.13 FILED BY THE APPELLANT HEREIN COM.O.S. NO.392/2020 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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3 - NC: 2023:KHC:23245-DB COMAP No. 143 of 2023

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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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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 with liberty as aforesaid.

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In view of the disposal of the appeal, all pending 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

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