Commercial Appeal filed under the Commercial Courts Act and CPC seeking modification of judgment. The appellant withdrew the appeal with liberty to approach the appropriate forum, leading to dismissal.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA COMMERCIAL APPEAL NO. 281 OF 2024
BETWEEN:
M/S. NEW PRINCE BUTTON CENTER A SOLE PROPRIETARY CONCERN REPRESENTED BY ITS POA HOLDER MR. ANKUSH KUMAR JAIN HAVING ITS REGISTERED OFFICE AT: 3RD FLOOR, 114-115, SHREYANS PLAZA NAGARATPET MAIN ROAD BENGALURU, KARNATAKA-560 002 EMAIL: [email protected] PHONE No. 8022231988 GST NO: 29ACBPJ7444E1ZN
…APPELLANT
(BY SRI. NIDHI M. PATIL, ADVOCATE)
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
AND:
NC: 2024:KHC:34356-DB COMAP No. 281 of 2024
157, WHEELER ROAD, FRAZER TOWN POST BENGALURU-560 005 PHONE NO: 9880011017 EMAIL ID: [email protected]
…RESPONDENTS
THIS COMAP OR COMMERCIAL APPEAL FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO MODIFY THE JUDGMENT DATED 14.03.2022 AS PASSED IN COM O.S. 1433/2023 PASSED BY THE LXXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-84) AND PASS THE FOLLOWING ORDER (a) MODIFY THE JUDGMENT DATED 28.05.2024 PASSED IN COM. O.S. NO.1433 OF 2023, TO THE EXTENT THAT IT DOES NOT ABSOLVE RESPONDENT NO.2 FROM PERSONAL LIABILITY AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE G BASAVARAJA
NC: 2024:KHC:34356-DB COMAP No. 281 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Learned counsel for the appellant has filed a memo for withdrawal of the appeal.
The memo is taken on record.
The appeal is dismissed as withdrawn with liberty to approach the appropriate forum as available.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
RAK
List No.: 1 Sl No.: 58
M/s. New Prince Button Center
M/s. Jasky Exports Private Limited
John Joseph
Kurian Joseph
Anu Sivaraman
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
