Dismissed¶52

M/S. Creative Infotech v. M/S Mahathru Technologies

Karnataka HC10 Jun 2025COMAP/36/2025

Case brief

AI extract

What is this about?

Withdrawal and maintainability of commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015; challenge to order dated 19.12.2024 on IA No. 20 in Com. OS No. 514/2021, Commercial Court, Bengaluru; appeal dismissed as withdrawn with liberty to pursue available remedy; COMAP No. 36 of 2025; NC: 2025:KHC:19759-DB; decided 10.06.2025.

What did the court decide?

Appeal dismissed as withdrawn; leave to withdraw granted with liberty to seek such remedy as available in law ¶52

M/S. Creative Infotech Vs M/S Mahathru Technologies — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:19759-DB COMAP No. 36 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 36 OF 2025

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BETWEEN:

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M/S. CREATIVE INFOTECH, PROPRIETORSHIP FIRM, OFFICE AT NO. S-108, 1^ST FLOOR, MANIPAL CENTRE, DICKENSON ROAD, BENGALURU-560 042. REP. BY ITS PROPRIETOR, MR. MOHIT HEGDE, AGED ABOUT 51 YEARS, S/O RAGHURAM HEGDE.

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…APPELLANT

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(BY SRI A MAHESH CHOWDHARY, ADVOCATE)

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AND:

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Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

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M/S. MAHATHRU TECHNOLOGIES, BY ITS PROPRIETOR, MRS. HOLLADAGADDE, GIDDEGOWDA PRANITHA, NO. 18/2, 1^ST FLOOR, 12^TH CROSS, 8^TH MAIN, WILSON GARDEN, BENGALURU-560 027.

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ALSO TO BE SERVED AT M/S. MAHATHRU TECHNOLOGIES, BY ITS PROPRIETOR, MRS. HOLLADAGADDE PRANITHA, NO.B-606, 6^TH FLOOR, KRISHNA BLOCK, K.H.B GAMES VILLAGE, KORAMANGALA,

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NC: 2025:KHC:19759-DB COMAP No. 36 of 2025

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HC-KAR

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BENGALURU-560 047.

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MRS. HOLLADAGADDE GIDDEGOWDA PRANITHA, AGED ABOUT 39 YEARS, W/O. SHARATH KC.

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MR. K.C.SHARATH GOWDA, AGED ABOUT 42 YEARS, S/O. CHANDRA GOWDA. DEFENDANTS NO. 2 & 3 ARE AT NO. 18/2, 1^ST FLOOR, 12^TH CROSS, 8^TH MAIN, WILSON GARDEN, BENGALURU-560 027.

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MRS. KAVITHA WAGMARE, NOW DECEASED, AGED ABOUT 37 YEARS, W/O ABHIJITH WAGMARE R/AT 473, 1^ST FLOOR, 2^ND MAIN, 3^RD CROSS, KANNADA KASTURI ROAD DASARAHALLI BENGALURU - 560 057. (VIDE ORDER DATED 27.01.2025 MRS. KAVITHA WAGMARE IS DECEASED.)

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MRS. VASUDHA SHENOY, AGED ABOUT 41 YEARS, R/AT NO.42, MANASA, 1^ST FLOOR DWARAKANAGAR, 2^ND STAGE, UTTARAHALLI MAIN ROAD, PARISHUDHAJALA OUTLET, CHANNASANDRA, BANGALORE-500 098.

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M/S VIVA INFO SOLUTION, REP BY ITS PROPRIETORS, MR. VIKRAM R, AGED ABOUT 44 YEARS, MRS. VASUNDHA SHENOY,

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3 - NC: 2025:KHC:19759-DB COMAP No. 36 of 2025

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HC-KAR

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AGED ABOUT 37 YEARS, OFFICE AT 18/2, 1^ST FLOOR, 12^TH CROSS, 8^TH MAIN, WILSON GARDEN, BENGALURU-560 027.

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ALSO HAVING ADDRESS AT NO. 101, 3^RD MAIN, SHREYAS COLONY, JP NAGAR, 7^TH PHASE, BANGALORE-560 078.

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ALSO ADDRESS AT NO.42, MANASA, 1^ST FLOOR, DWARKANAGAR 2^ND STAGE, UTTARAHALLI MAIN ROAD, PARISHUDHAJALA OUTLET, CHANNASANDRA, BENGALURU-560 098.

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M/S EXPLONECT SOLUTIONS, REP. BY ITS PROPRIETOR, ABHIJEET B WAGHMARE AND KAVITA WAGHMARE, NO. 3, ASHIRVAD NILAYA, 20^TH MAIN, 1^ST D CROSS, BTM LAYOUT 1^ST STAGE, BANGALORE-560 029.

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MR. SUDHATH, AGED ABOUT 30 YEARS, C/O M/S MAHATHRU TECHNOLOGIES, NO. 18/2, 1^ST FLOOR, 12^TH CROSS, 8^TH MAIN, WILSON GARDEN, BENGALURU-560 027.

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MR. RAJATH GOWDA, AGED ABOUT 32 YEARS, C/O M/S MAHATHRU TECHNOLOGIES, 18/2, 1^ST FLOOR, 12^TH CROSS, 8^TH MAIN, WILSON GARDEN, BENGALURU-560 027.

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…RESPONDENTS

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NC: 2025:KHC:19759-DB COMAP No. 36 of 2025

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HC-KAR

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(BY SRI VAMSHI KRISHNA C, ADVOCATE FOR R-3; NOTICE TO R-1 AND R-2 STANDS DISPENSED WITH VIDE ORDER DATED 28.04.2025;

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R-4 IS EXPIRED AND THE APPEAL QUA HER ABATES VIDE ORDER DATED 27.01.2025;

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NOTICE TO R-5 TO R-9 ARE DISPENSED WITH VIDE ORDER DATED 27.01.2025)

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THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER PASSED ON IA NO. 20 DATED 19.12.2024 IN COM. OS NO. 514/2021 BEFORE THE HONBLE COMMERICAL COURT, BENGALURU AS IT IS WITHOUT JURISDICTION, ARBITRAY AND BAD IN THE EYES OF LAW. CONSEQUENTLY, DISMISS THE APPLICATION BEARING IA NO. 20 IN COM. OS NO. 514/2021 AS IT BEING NON MAINTAINABLE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR V KAMESWAR RAO ,ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

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ORAL JUDGMENT

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(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

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Learned counsel for the appellant fairly stating that this appeal is not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, wishes to withdraw the appeal to seek such remedy as available in law. He has filed a memo to that effect, which reads as under:

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NC: 2025:KHC:19759-DB COMAP No. 36 of 2025

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HC-KAR

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"The Counsel for the Appellant humbly seeks leave of this Hon'ble Court to withdraw the instant petition reserving the liberty to file the appropriate petition. The memo may be considered in the interest of justice and equity."

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Memo is taken on record.

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Accordingly, the appeal is dismissed as

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withdrawn.

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Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

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Sd/(C M JOSHI) JUDGE

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NR/List No.: 1 Sl No.: 58

M/S. Creative Infotech v. M/S Mahathru Technologies

Case brief

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M/S. Creative Infotech v. M/S Mahathru Technologies

Case brief

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