Commercial appeal under Section 13 of the Commercial Courts Act read with Section 37 of the Arbitration Act challenging a trial court order refusing restoration of an application; counsel for the appellant sought withdrawal and the appeal was dismissed as withdrawn.
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NC: 2024:KHC:47809-DB COMAP No. 340 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 340 OF 2022
BETWEEN:
SMT. S.N. SAVITHRAMMA, AGED ABOUT 52 YEARS, W/O. SRI R.NARAYANAPPA, NO.25, MARUTHINILAYA, 3RD CROSS, 4TH MAIN, CHANDANA LAYOUT, SRI. GANDAD KAVAL, BENGALURU - 560 091.
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
(BY SMT.VIDYASHREE K.S., ADVOCATE)
AND:
…APPELLANT
…RESPONDENTS
(BY SRI. RAGHURAM CADAMBI, ADVOCATE FOR R1 & R2, SRI. GANAPATHI BHAT, ADVOCATE FOR R3)
THIS COMAP IS FILED UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 96 AND ORDER 41 RULE 1 OF CPC AND SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED 30/03/2022, PASSED IN COMMERCIAL A.A.NO.1/2020 BY THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE APPLICATION FILED BY THE APPELLANT UNDER SECTION 151 OF THE CPC PRAYING TO RECALL THE ORDER DATED 22/07/2021 AND RESTORE THE MATTER IN COM.A.A.NO.1/2020, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
After making submissions for some time, the learned counsel for the appellant states, she shall withdraw the appeal.
withdrawn.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC List No.: 1 Sl No.: 6
4 provisions across 3 enactments
Smt. S.N. Savithramma
Sri. K.K. Radhakrishna
Sri. Samarth Gowda
Sri. Shivaraja
V Kameswar Rao
S Rachaiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
