Mr Nitin Kanji Shah v. M/S Shalimar Agarbatti Co.

Karnataka HC17 Dec 2025COMAP/177/2022

Case brief

AI extract

What is this about?

Withdrawal of commercial appeal by memo; leave to withdraw appeal; Section 13(1A) Commercial Courts Act 2015; Karnataka High Court at Bengaluru; COMAP No. 177 of 2022; NC: 2025:KHC:53755-DB; Nitin Kanji Shah v. M/s. Shalimar Agarbatti Co. (rep. by Alkesh Shah) and Life Insurance Corporation of India; impugned order dated 04/01/2022 in COM.O.S.No.1599/2018 of LXXXIX Addl. City Civil and Sessions Judge, Commercial Court (CCH 90), Bengaluru; appeal dismissed as withdrawn on 17.12.2025; no determination on merits; notice to Respondent 2 (LIC) earlier dispensed with vide order dated 06.06.2022.

What did the court decide?

Leave of the Court to withdraw the appeal granted; appeal dismissed as withdrawn. No adjudication on the merits of the challenge to the trial-court order. ¶34-35

Mr Nitin Kanji Shah Vs M/S Shalimar Agarbatti Co. — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:53755-DB COMAP No. 177 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.177 OF 2022

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BETWEEN:

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MR. NITIN KANJI SHAH AGED ABOUT 56 YEARS S/O LATE KANJI SHAH R/AT NO.7, KUNAL UPPER PIPELINE ROAD, KUMARA PARK WEST, BENGALURU 560 020.

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…APPELLANT

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(BY SRI. LAKSHMAIAH T., ADV. FOR SRI. S. MAHESH, ADV.)

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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AND:

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M/S. SHALIMAR AGARBATTI CO. A PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, HAVING OFFICE AT NO.32 AND 33 3^RD CROSS, SRIRAMPURAM BENGALURU 560 020. REP BY ITS PARTNER ALKESH SHAH.

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NC: 2025:KHC:53755-DB COMAP No. 177 of 2022

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HC-KAR

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LIFE INSURANCE CORPORATION OF INDIA D.A. BRANCH 1^ST FLOOR, JEEVAN PRAKASH BUILIDING BENGALURU 560002 REP. BY ITS BRANCH MANAGER

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…RESPONDENTS

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(BY SMT. KARISHMA NAGHNOOR, ADV. FOR SRI. POPAT PRASHANT DHARMASINH, ADV. FOR R1; V/O DTD: 6.6.2022 NOTICE TO R2 IS DISPENSED WITH)

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT 2015, PRAYING TO A) SET ASIDE THE IMPUGNED ORDER DATED 04/01/2022 AT ANNEXURE-A PASSED BY THE HON'BLE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH 90), BENGALURU IN COM.O.S.NO.1599/2018 AND ETC.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:53755-DB COMAP No. 177 of 2022

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Learned counsel appearing for the appellant has filed a memo dated 17.12.2025, seeking leave of the Court to withdraw the appeal, which reads as under;

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"The Appellant in the above matter most humbly submits that in the view certain circumstances, he is not desirous of prosecuting the present appeal as such seeks leave of this Hon'ble Court to withdraw the appeal in the interest of justice and equity."

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