IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.4613 OF 2017 (CPC) BETWEEN:
1. BAJAJ CORP LIMITED A COMPANY INCORPORATED UNDER INDIAN LAW HAVING ITS REGISTERED OFFICE AT OLD STATION ROAD, UDAIPUR RAJASTHAN - 313 001.
ALSO HAVING PLACE OF BUSINESS AT: 21/1, 1ST FLOOR, ARADHYA COMPLEX BASAVANGUDI, BANGALORE - 560 004 REPRESENTED BY ITS AUTHORISED SIGNATORY. ... APPELLANT (BY SRI. SHREYAS JAYASIMHA, ADVOCATE) AND:
1. MARICO LIMITED A COMPANY INCORPORATED UNDER INDIAN LAW HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, GRANDE PALLADIUM 175 CST ROAD, KALINA, SANTACRUZ (EAST) MUMBAI - 400 098.
ALSO HAVING ITS PLACE OF BUSINESS AT NO.13, NEW BLOCK, PATTANGER MYSORE ROAD RAJARAJESHWARI NAGAR BANGALORE - 560 098 RE. BY ITS CONSTITUTED ATTORNEY MR. SURESH M.S.JAGIRDAR.
2. M/S. ALIYA AGENCIES A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.2, KOLLANDAPPA GARDEN GAJENDRANAGAR MAIN ROAD ADUGODI POST BANGALORE - 560 030 REP. BY ITS MANAGING PARTNER MR. NASIR HUSSAIN.
3. STAR INDIA PRIVATE LIMITED OWNER OF THE TV CHANNELS SUCH AS STAR PLUS, STAR UTSAV, LIFE OK MOVIES OK, STAR GOLD HAVING ITS REGISTERED OFFICE AT STAR HOUSE URMI ESTATE, 95, GANPATRAO KADAM MARG LOWER PAREL (WEST) MUMBAI - 400 013.
ALSO HAVING PLACE OF BUSINESS AT EMBASSY POINT, 3RD FLOOR, 150, INFANTRY ROAD BANGALORE - 560 001 REP. BY ITS MANAGING DIRECTOR.
4. ZEE ENTERAINMENT ENTERPRISES LTD., OWNER OF TV CHANNELS SUCH AS ZEE TV & TV, ZEE CINEMA, ZEE ANMOL ZEE BANGLA, HAVING ITS REGISTERED OFFICE AT 18TH FLOOR, A WING MARATHON FUTUREX, N.M.JOSHI MARG LOWER PAREL, MUMBAI - 400 013.
ALSO HAVING PLACE OF BUSINESS AT 204, 2ND FLOOR, H.M.GENEVA HOUSE 14, CUNNINGHAM ROAD BANGALORE - 560 052.
REP. BY ITS MANAGING DIRECTOR.
5. SONY PICTURES NETWORKS INDIA PVT LTD., OWNER OF TV CHANNELS SUCH AS SONY, SAB TV, SONY PAL, 3RD FLOOR, INTERFACE BUILDING NO.7, OFF MALAD LINK ROAD, MALAD (W) MUMBAI - 460 064 REP. BY ITS MANAGING DIRECTOR.
6. VIACOM 18 MEDIA PVT LTD., OWNER OF TV CHANNELS SUCH AS COLORS, COLORS GUJRATI, NICK TV ZION BIZWORLD SUBASH ROAD - A VILE PARLE (EAST) MUMBAI - 400 057 REP. BY ITS MANAGING DIRECTOR.
7. NEWS 24 BROADCAST INDIA OWNER OF NEWS 24 FC 23, FILM CITY SECTOR 16-A NOIDA-201 301 REP. BY ITS MANAGING DIRECTOR.
8. INDEPENDENT NEWS SERVICES PRIVATE LIMITED OWNER OF CHANNEL INDIA TV INDIA TV BROADCAST CENTRE B-30, SECTOR-85, NOIDA - 201305 REP. BY ITS MANAGING DIRECTOR.
9. B4U TELEVISION NETWORK (INDIA) LTD., OWNER OF B4U, B4U MOVIES MAGNUM HOUSE PLOT NO.114, ROAD NO.15 NEXT TO SRL RANBAXY MIDC, ANDHERI (EAST) MUMBAI - 400 093 REP. BY ITS MANAGING PARTNER 10. 9X MEDICA PRIVATE LIMITED URMI CORPORATE PARK 1ST FLOOR, SOLARIS-D OPPOSITE L & T GATE NO.6, SAKI VIHAR ROAD POWAI, MUMBAI - 400 072 REP. BY ITS MANAGING DIRECTOR.
11. PTC PUNJABI PTC NETWORK O NEXT MEDIA PRIVATE LIMITED 78, OKHLA INDUSTRIAL ESTATE PHASE III, NEW DELHI - 110 020 REP. BY ITS MANAGING DIRECTOR.
12. E24 B.A.G FILMS AND MEDIA LIMITED FC-23, SEC 16-A, FILM CITY NOIDA (UP) - 201 301 REPRESENTED BY ITS MANAGING DIRECTOR. … RESPONDENTS (BY SRI SANJANTHI SAJAN POOVAYYA, ADV. FOR R1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 02.03.2017 PASSED ON I.A.NOS.1 & 3 IN O.S.NO.25/2017 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-10), ALLOWING I.A.NO.1 FILED U/O. 39 RULE 1 & 2 OF CPC AND REJECTING I.A.NO.3 FILED U/O. 39 RULE 4 OF CPCS.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant has filed a memo dated 29.10.2018 seeking permission to withdraw the appeal as not pressed since the suit in O.S.No.25/2017 has been disposed of in terms of compromise.
2. In view of the submission of the learned counsel, memo is placed on record. Accordingly, the appeal is dismissed as withdrawn.
Sd/- JUDGE KA/-