M/S J S Enterprises v. the Union of India

Karnataka HC21 Feb 2025WA/537/2024

Case brief

AI extract

What is this about?

Keywords: writ appeal dismissed as withdrawn; memo for withdrawal; liberty to file afresh if needed; Karnataka High Court Act Section 4; Ministry of Railways; Railway Board Tourism and Catering; South Western Railway Bengaluru Division; Sr. DCM and CCM; Single Judge order dated 19.02.2024 in W.P. No.24377/2023 (GM-RES); neutral citation NC: 2025:KHC:7873-DB; disposal-only judgment with no merits adjudicated and no case-law treatment - not suitable for citation on any substantive proposition.

What did the court decide?

Appeal dismissed as withdrawn pursuant to the appellant's memo for withdrawal; the memo had sought liberty to file afresh if needed, but the Court made no express further direction beyond dismissing the appeal in view of the memo. ¶35-36

M/S J S Enterprises Vs the Union of India — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:7873-DB W.A. No.537/2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 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 WRIT APPEAL NO.537/2024 (GM-RES)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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M/S. J.S. ENTERPRISES SITUATED AT 16/181 CHENNAIMALAI ROAD OPPOSITE RAILWAY STATION ERODE 638 001 REPRESENTED BY ITS PARTNER.

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(BY SRI. MAHAMAD TAHIR A, ADV.,)

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…APPELLANT

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AND:

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THE UNION OF INDIA MINISTRY OF RAILWAYS RAISINA ROAD NEW DELHI 110001 REP BY ITS SECRETARY.

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THE EXECUTIVE DIRECTOR (TOURISM AND CATERING) THE DEPARTMENT OF TOURISM AND CATERING, THE RAILWAY BOARD RAIL BHAWAN, RAISINA ROAD NEW DELHI 110001.

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THE DIRECTOR (TOURISM AND CATERING) THE DEPARTMENT OF TOURISM AND CATERING

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2 - NC: 2025:KHC:7873-DB W.A. No.537/2024

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THE RAILWAY BOARD, RAIL BHAWAN RAISINA ROAD, NEW DELHI 110001.

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THE SENIOR DIVISIONAL COMMERCIAL MANAGER (THE SR. DCM) SOUTH WESTERN RAILWAYS BENGALURU DIVISION DIVISIONAL OFFICE COMMERCIAL BRANCH BANGALORE 560023.

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THE CHIEF COMMERCIAL MANAGER THE CCM PRINCIPAL SOUTH WESTERN RAILWAYS HEADQUARTERS OFFICE, 2ND FLOOR WEST WING, GADAG ROAD, HUBBALLI 580020.

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…RESPONDENTS

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(BY SRI. GOWTHAMDEV C. ULLAL, ADV., FOR C/R1 TO R5 ASG SERVED)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.02.2024 IN WRIT PETITION NO.24377/2023 (GM-RES) PASSED BY LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY ALLOW THIS WRIT APEAL & ETC.

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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 ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:7873-DB W.A. No.537/2024

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ORAL JUDGMENT

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

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Learned counsel for the appellant has filed a memo for

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withdrawal of the appeal.

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The memo reads as under:

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"The Appellant humbly submits that subsequent proceedings of the Respondents-Railways in the above matter as well as afresh events in similar issues, have warranted to withdraw the above Appeal with liberty to file afresh if needed. Hence, this Memo for withdrawal on behalf of the Appellant.

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Therefore this Hon'ble Court kindly allow this Memo and grant liberty to file afresh if needed, in the interest of Justice and equity."

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3. In view of the said memo, writ appeal is dismissed

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as withdrawn.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR