IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN Regular First Appeal No.1034 of 2018 (Mon) BETWEEN :
KARNATAKA STATE AGRO CORN PRODUCTS LIMITED, NO.2479, HEAD OFFICE: BELLARY ROAD, HEBBAL, BENGALURU - 560024. REPRESENTED BY ITS MANAGING DIRECTOR, DR. SHIVAMURTHAPPA, S/O. MARAPPA, AGED ABOUT 59 YEARS.
... APPELLANT (BY SRI CHANDRAKANTH PATIL K., ADVOCATE) AND :
1. SRI A. AJJAPPA S/O. SOMAPPA, AGED ABOUT 64 YEARS, R/O. NO. 43, KEMPANNA LAYOUT, 11TH CROSS ROAD, CHOLANAYAKANAHALLI, R.T. NAGAR POST, BENGALURU - 560032.
2. M/S. FAVORICH AGRO PVT. LTD., NO.45/3, J.D. ROYALLITE, TUMKUR ROAD, YESHWANTHPUR, BENGALURU - 560022.
REPRESENTED BY ITS MANAGING DIRECTOR, SRI. D.M. JAYADEV, AGE: MAJOR.
... RESPONDENTS (BY SRI POORNACHANDRA B. PATTAR, ADVOCATE FOR RESPONDENT NO.1;
RESPONDENT NO.2 – NOTICE DISPENSED WITH VIDE ORDER DATED 16.08.2018) THIS R.F.A. IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 09.03.2017 PASSED IN O. S. NO.1434 OF 2017 ON FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU ALLOWING THE I.A. FILED UNDER ORDER VII RULE 7(A) AND (D) OF THE CODE OF CIVIL PROCEDURE FOR REJECTION OF PLAINT.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed the Memo seeking permission to withdraw the appeal.
2. Memo is perused.
3. Appeal is dismissed as withdrawn.
4. Office to refund 75% of the amount of court fee paid in this appeal to the appellant in terms of Section 66(2)(c) of the Karnataka Court-Fees and Suits Valuation Act, 1958.
5. In view of the dismissal of the appeal as withdrawn, pending applications, if any, also stand dismissed.
Sd/- JUDGE Sd/- JUDGE hnm