IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. NO.1464 OF 2018 (MON) BETWEEN:
ICICI BANK LTD., REGISTERED OFFICE AT ICICI BANK TOWER, NEAR CHAKLI CIRCLE OLD PADRA ROAD, VODODARA-390007 AND CORPORATE HEAD OFFICE AT ICICI BANK, BANDRA KURLA COMPLEX BANDRA EAST, MUMBAI-400051 HAVING BRANCH OFFICE AT RAHEJA TOWERS, M.G.ROAD BANGALORE-560001 REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER MR. VISHAL SHUKLA ... APPELLANT (BY SRI.MOHANA.J.S, ADVOCATE) AND:
M/S KIRLOSKAR AAF LTD., REGISTERED OFFICE AT NO.143-C4, HOSUR ROAD BOMMASANDRA INDUSTRIAL AREA BANGALORE-560099 REPRESENTED BY ITS VICE PRESIDENT MR. V.T.JAIRAJ ... RESPONDENT (BY SRI. DHANANJAY JOSHI, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE I OF CPC AGAINST THE ORDER DATED 18.08.2017 PASSED ON IA NO.III IN OS NO.8232/2015 ON THE FILE OF THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ALLOWING THE IA NO.III FILED UNDER ORDER VII RULE-II (d) OF CPC., FOR REJECTING THE PLAINT.
***** THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, NAGARATHNA J., PASSED THE FOLLOWING:
JUDGMENT Learned counsel Sri.Mohan J.S., appearing for Sri.Mahabaleshwar G.C., learned counsel for the appellant has filed a memo stating that the appellant does not wish to proceed further in the matter and appeal may be dismissed as withdrawn and not pressed and there may be a direction for refund of the court fee.
2. The memo is taken on record.
3. There is no objection by the respondent for withdrawal of the appeal.
4. In the circumstances, appeal is dismissed as withdrawn and as not pressed.
Office is directed to refund 75% of the court fee paid by the appellant to the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
In view of dismissal of the appeal as withdrawn, I.A.No.1/2018 also stands dismissed as withdrawn.
Sd/- JUDGE Sd/- JUDGE Prs*