Mallikarjun Traders Hubli v. Tirupati Oil Extract Pvt.Ltd.

Karnataka HC10 Mar 2025CRL.P/102476/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; CRL.P No. 102476 of 2022 (NC: 2025:KHC-D:4446); decided 10-03-2025 by Justice Shivashankar Amaranavar. Mallikarjun Traders Hubballi v. Tirupati Oil Extract Pvt. Ltd. and another. Petition under S.482 Cr.P.C. / S.528 BNSS challenging three orders in C.C.No.757/2015 (Principal Civil Judge and JMFC, Hubballi) and seeking restoration of the case; dismissed as withdrawn on counsel's memo, with liberty to prefer an appeal and direction to the Registry to return documents. Keywords: withdrawal memo, liberty to file appeal, Section 482 CrPC, Section 528 BNSS, restoration of C.C.No.757/2015, Hubballi.

What did the court decide?

Petition permitted to be withdrawn with liberty to prefer an appeal; Registry directed to return all documents to learned counsel for the petitioner. ¶25-26

Mallikarjun Traders Hubli Vs Tirupati Oil Extract Pvt.Ltd. — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:4446 CRL.P No. 102476 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102476 OF 2022

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BETWEEN:

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MALLIKARJUN TRADERS HUBBALLI REPRESENTED BY ITS PROPRIETOR MALLIKARJUN S/O. BASAPPA KARADI, AGE: 61 YEARS, OCC: BUSINESS, R/O. LINGARAJ NAGAR (NORTH), VIDYANAGAR, HUBBALLI – 580 029.

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…PETITIONER

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(BY SRI G. I. GACHCHINAMATH, ADVOCATE)

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AND:

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TIRUPATI OIL EXTRACT PVT.LTD., COMPANY REPRESENTED BY ITS MANAGING DIRECTOR, ASHOK S/O. RAMAGOPAL GOYAL, AGE: MAJOR, OCC: INDUSTRIALIST, R/O: H.NO.32, 4^TH CROSS, ADARSH NAGAR, HUBBALLI – 580 030.

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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SMT. KALPANA W/O. ASHOK GOYAL, AGE: MAJOR, OCC: DIRECTOR OF TIRUPATI OIL EXTRACT PVT. LTD., COMPANY R/O: H.NO.32, 4^TH CROSS, ADARSH NAGAR, HUBBALLI – 580 030.

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…RESPONDENTS

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., (528(BNSS)), SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 09.08.2017, ORDER DATED 30.08.2017 AND ORDER DATED 19.02.2022 MADE IN C.C.NO.757/2015 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI AND ISSUE DIRECTIONS TO THE PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI TO RESTORE OF C.C.NO.757/2015. GRANT SUCH OTHER RELIEFS AS THIS HON’BLE

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NC: 2025:KHC-D:4446 CRL.P No. 102476 of 2022

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COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Learned counsel for the petitioner files a memo seeking withdrawal of the petition with liberty to file appeal.

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2. The memo reads as under:

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“It is submitted that the Petitioner craves the kind leave of this Hon’ble Court to permit it to withdraw the petition with the liberty to prefer the Appeal. Hence the petition may kindly be permitted to be withdrawn with liberty to prefer the Appeal in the interest of justice and equity.”

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3. In view of the memo, the petition is dismissed

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as withdrawn with liberty as prayed for.

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NC: 2025:KHC-D:4446 CRL.P No. 102476 of 2022

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