This miscellaneous first appeal was dismissed as withdrawn by the High Court. The court granted liberty to file a commercial appeal and directed the time spent to be excluded under Section 14 of the Limitation Act.
Appeal dismissed as withdrawn; liberty granted to file commercial appeal.
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:41893 MFA No. 7592 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS FIRST APPEAL NO. 7592 OF 2023
BETWEEN:
M/S KAVEEREEJAL WATER STORAGE PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT NO 125, BIDARAHALLI VILLAGE AND HOBLI, BENGALURU EAST TALUK, PUNYABHOOMI LAYOUT, BENGALURU 560049 REPRESENTED HEREIN BY ITS DIRECTOR, MR LAKHA RAM
…APPELLANT
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(BY SRI. VENKATESH H N., ADVOCATE)
AND:
M/S KAVERI PLASTO CONTAINERS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO 151/1, 2ND FLOOR, R V ROAD, VV PURAM, NEAR MINERVA CIRCLE, BENGALURU 560004 REPRESENTED HEREIN
NC: 2023:KHC:41893 MFA No. 7592 of 2023
BY ITS DIECTOR, MR SUSHIL SONEGARA
…RESPONDENT
(BY SMT. SNEHA NAGARAJ, ADVOCATE AND SRI. HARIKRISHNA., ADVOCATE FOR C/R)
THIS MFA IS FILED U/O.43 RULE 1 OF THE CPC R/W SEC.13 OF COMMERCIAL COURTS ACT, 2015, AGAINST THE ORDER DT.28.08.2023 PASSED IN COM.O.S.NO.66/2023 ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-90), ALLOWING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC AND ETC.,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant files a memo. Memo reads as under:
“The undersigned counsel appearing for appellant in the above case, most respectfully pray that this Hon’ble Court be pleased to permit the appellant to withdraw the above appeal with liberty to file commercial appeal and further direct the Registry to return the certified copies to counsel for the appellant. Hence, this Memo.”
NC: 2023:KHC:41893 MFA No. 7592 of 2023
Sd/-
JUDGE
MR
1 issue framed by the court
Whether the appellant can be permitted to withdraw the miscellaneous first appeal filed under Order 43 Rule 1 CPC.
5 provisions across 2 enactments
M/S Kaveereejal Water Storage Private Limited
M/S Kaveri Plasto Containers Pvt Ltd
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
