Commercial appeal against an interim injunction order in a commercial suit; the underlying suit was disposed of and the appeal was withdrawn by memo and dismissed as withdrawn.
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NC: 2024:KHC:20027-DB COMAP No. 394 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMERCIAL APPEAL NO. 394 OF 2023
BETWEEN:
M/S ALPHA DIGITAL HEALTH PVT. LTD NO. 360, 19TH MAIN, 15TH CROSS SECTOR 4TH , HSR LAYOUT BANGALORE - 560 102. REP. BY AUTHORIZED SIGNATORY ASHWIN SWAMINATHAN AGED ABOUT 29 YEARS S/O P SWAMINATHA 3RD FLOOR, PLOT NO. 134 SIPANI PHOENIX GRANDE 1ST MAIN ROAD, KORAMANGALA BENGALURU. …APPELLANT
Digitally signed by BENGALURU. SUMATHY KANNAN Location: High Court of (BY SRI. BHASKAR V DESAI – ADVOCATE FOR Karnataka SRI. SHREYAS JAYASIMHA - ADVOCATE)
AND:
M/S ALPHA DIGITAL HEALTH PVT LTD., NO. 360, 19TH MAIN, 15TH CROSS SECTOR 4TH , HSR LAYOUT BANGALORE - 560 102.
…RESPONDENTS
THIS COMAP FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015, PRAYING TO ALLOW THE PRESENT APPEAL IN FAVOUR OF THE APPELLANT BY SETTING ASIDE THE IMPUGNED ORDER DATED 14/09/2023 IN I.A.NO.2 IN COMM.O.S.NO.1000/2023 PASSED BY THE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-88) (DOCUMENT NO.1).
THIS COMAP, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed seeking to set aside the impugned order dated 14.09.2023 passed by the Commercial Court on an application I.A.No.2 in Comm.O.S.No.1000/2023.
filed a memo dated 10.06.2024 seeking to withdraw the present appeal, in view of the fact that the case in Comm.O.S.No.1000/2023 has been disposed of by the Commercial Court and the temporary injunction is no longer in effect and hence the relief sought for in this appeal has become infructuous.
NC: 2024:KHC:20027-DB COMAP No. 394 of 2023
on record and the appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/JUDGE
KS
1 provisions across 1 enactments
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K. SOMASHEKAR
CHILLAKUR SUMALATHA
As recorded by the court registry
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