The Commercial Appeal was dismissed as withdrawn by the appellant with liberty to seek appropriate remedies to challenge the orders of the Commercial Court. The Copyholders were directed to return certified copies of the impugned orders.
Appeal dismissed as withdrawn; liberty granted to pursue other remedies; certified copies ordered returned.
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NC: 2023:KHC:21037-DB COMAP No.65 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
COMMERCIAL APPEAL NO.65 OF 2023
BETWEEN:
R/AT VILLA NO.19
JATTI DWARAKAMAI, ECC ROAD
Digitally signed by RUPA V Location: High Court of Karnataka
WHITEFIELD, BENGALURU 560066.
REPRESENTED BY POWER OF ATTORNEY MR. VIDYUT SHENOY AGED 63 YEARS S/O BHASKAR SITARAM SHENOY R/AT 132, MAPLE A PRESTIGE GREENWOODS NAGAVARAPALYA, C V RAMAN NAGAR BANGALORE NORTH, KARNATAKA 560093.
…APPELLANT
(BY SMT. NIKITHA SUSAN PAULSON, ADV., FOR SRI. T.N. VISHWANATHA, ADV.,)
AND:
S/O LATE DR. D.B. JATTI AGED ABOUT 75 YEARS R/AT VILLA NO 7 JATTI DWARAKAMAI, ECC ROAD WHITEFIELD, BENGALURU 560066.
NC: 2023:KHC:21037-DB COMAP No.65 of 2023
COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT SY NO.51, PATTANDUR, AGRAHARA VILLAGE BEHIND LOURDES CHURCH OUTER CIRCLE, WHITEFIELD BENGALURU 560066 REP BY ITS MANAGING DIRECTOR MRS. LAKSHMI D. JATTI.
…RESPONDENTS
(BY SRI. NISCHAL DEV, ADV., FOR R1 & R2)
THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO CALL FOR RECORDS OF THE LEARNED XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT BENGALURU IN COM. EX. NO. 166 OF 2022. SET ASIDE ANNEXURE G ORDER DATED 27.01.2023 PASSED BY THE LEARNED XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN I. A. NO. III IN COM. EX. NO. 166 OF 2022C. SET ASIDE ANNEXURE H ORDER DATED 27.01.2023 PASSED BY THE LEARNED XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENAGALURU RURAL DISTRICT, BENGALURU IN I.A. NO. IV IN COM. EX. NO. 166 OF 2022 & ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Smt.Nikitha Susan Paulson, learned counsel for
the appellant.
Mr.Nischal Dev, learned counsel for the
respondent.
- 3 - NC: 2023:KHC:21037-DB COMAP No.65 of 2023
Learned counsel for the appellant seeks leave of
this Court to withdraw the appeal with liberty to take recourse to an appropriate remedy to challenge the orders dated 27.01.2023 passed by the Commercial Court.
Office is directed to return the certified copy of the impugned orders dated 27.01.2023, with proper attestation.
Consequently, pending interlocutory application, if any, is also dismissed.
Sd/JUDGE
Sd/JUDGE
RV
Smt. Ujjwala Shenoy
D.B. Jatti
Jatti Engineering India Private Ltd
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
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