Dismissed¶24

Tech Steel Products Limited v. Ghousia Food Products Pvt. Ltd.

Karnataka HC17 Feb 2025CRL.A/376/2025

Case brief

AI extract

What is this about?

Keywords: withdrawal of criminal appeal by counsel's memo; appeal dismissed as withdrawn; liberty to apply for restoration of Criminal Revision Petition; return of documents by Registry; pending IAs do not survive; S. 378(4) Cr.PC; S. 419(4) BNSS; CRL.A No. 376 of 2025; NC: 2025:KHC:6868; TECH STEEL PRODUCTS LIMITED; GHOUSIA FOOD PRODUCTS PVT LTD; Justice Shivashankar Amarnannavar; High Court of Karnataka at Bengaluru; decision date 17.02.2025.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to make an application to restore the Criminal Revision Petition; Registry directed to return all documents to learned counsel for the appellant; pending IAs, if any, do not survive for consideration. ¶24

Tech Steel Products Limited Vs Ghousia Food Products… — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant's criminal appeal should be permitted to be withdrawn, with liberty to make an application for restoration of the Criminal Revision Petition.

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Court's answer

In view of the memo filed by learned counsel for the appellant, the appeal is dismissed as withdrawn.

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Ratio / Principle

Liberty granted to the appellant to make an application to restore the Criminal Revision Petition.

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Key takeaways

Registry is directed to return all documents to learned counsel for the appellant.ratio¶27
In view of the disposal of the case, pending IAs, if any, do not survive for consideration.ratio¶30

Detailed headnote1 paragraphs

Oral judgment dated 17.02.2025 of the High Court of Karnataka at Bengaluru in CRL.A No. 376 of 2025 (Tech Steel Products Limited v. Ghousia Food Products Pvt Ltd), an appeal filed under S. 378(4) Cr.PC (and under S. 419(4) of BNSS) praying to set aside and quash the Final Order and Judgment dated 07.01.2025 (Annexure-A) passed in CRL.A.NO.826 OF 2023 by the LXVII Addl. City Civil and Sessions Judge, Bengaluru City (CCH-68), and consequently to restore the Final Order and Judgment dated 03.06.2023 (Annexure-B) passed in C.C.NO.8419/2021 by the XIV Addl. SCJ and ACMM, Bengaluru City (SCCH-10). When the appeal came on for orders, learned counsel for the appellant filed a memo seeking withdrawal of the appeal with liberty to file an interlocutory application seeking restoration of the Criminal Revision Petition preferred before this Court assailing the impugned judgment. The Court dismissed the appeal as withdrawn with such liberty, directed the Registry to return all documents to appellant's counsel, and held that pending IAs, if any, do not survive for consideration. Bench: Shivashankar Amarnannavar, J.

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1 - NC: 2025:KHC:6868 CRL.A No. 376 of 2025

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

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 376 OF 2025

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BETWEEN:

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TECH STEEL PRODUCTS LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT, NO. 671, NAGAWARA THANISANDRA MAIN ROAD S.R.K NAGAR POST BENGALURU-560 077 REPRESENTED BY ITS DIRECTOR MRS. MUBEENA

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…APPELLANT (BY SRI. M.S. SHYAMSUNDAR, SENIOR COUNSEL FOR SRI. SIVARAMA KRISHNANAN M.S, ADVOCATE)

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AND:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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GHOUSIA FOOD PRODUCTS PVT LTD A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS OFFICE AT NO.14, BERLIE STREET LANGFORD TOWN, SHANTINAGAR BENGALURU-560 025 REPRESENTED BY ITS AUTHORISED SIGNATORY

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…RESPONDENT

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THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE AND QUASH THE

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2 - NC: 2025:KHC:6868 CRL.A No. 376 of 2025

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FINAL ORDER AND JUDGMENT DATED 07.01.2025 (ANNEXURE-A) PASSED IN CRL.A.NO.826 OF 2023 PASSED BY THE LEARNED LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-68) AND CONSEQUENTLY, RESTORE THE FINAL ORDER AND JUDGMENT DATED 03.06.2023 (ANNEXURE-B) PASSED IN C.C.NO.8419/2021 BY THE LEARNED XIV ADDL. SCJ AND ACMM, BENGLAURU CITY (SCCH-10).

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

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Learned counsel for the appellant files a memo seeking withdrawal of the appeal with liberty to make an application for restoration of Criminal Revision petition.

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2. Memo reads thus

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“The undersigned counsel appearing on behalf of the Appellant herein humbly submits and seeks leave of this Hon’ble Court to withdraw the captioned matter with liberty to file an interlocutory application seeking restoration of the Criminal Revision Petition preferred by the Appellant herein before this Hon’ble Court assailing the Impugned

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