IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR COMAP NO.13/2019 BETWEEN M/S. MANIPAL ENERGY AND INFRATECH LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UDAYAVANI BLUILDING, PRESS CORNER MANIPAL, REP BY ITS AUTHORIZED SIGNATORY MR. RICHARD JAMES D’ SA ... APPELLANT (BY MS. LUBNA FAIROZE FOR SRI SHYAM SUNDAR H V FOR M/S. FOX MANDAL & ASSOCIATES, ADVOCATES) AND 1.M/S. SRI KRISHNA SHELTERS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.59 “SRI KRISHNA SUDHA”
WEST ANJANEYA TEMPLE STREET OFF BASAVANAGUDI MAIN ROAD GANDHI BAZAAR, BENGALURU-560004 REP BY ITS MANAGING DIRECTOR MR. RAGHAVENDRA K A 2.THE KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., NO.59, RICHMOND ROAD BENGALURU-560025 REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR 3.KAVERI GRAMEENA BANK NO.2236, 23RD CROSS BANASHANKARI II STAGE BANGALORE-560070 REP BY THE BRANCH MANAGER ... RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT READ WITH ORDER XLIII RULE 1(R) OF THE CPC, 1908 PRAYING SET ASIDE THE ORDER DATED: 01.07.2019 PASSED BY THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON I.A.NO.3 FILED IN COM.OS NO.181/2019 AND CONSEQUENTLY ALLOW I.A.NO.3.
THIS COMAP COMING ON FOR ADMISSION THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel appearing for the appellant tenders a memo of today’s date signed by the advocate for the appellant seeking withdrawal of the appeal.
2. Accordingly, the appeal is disposed of as withdrawn with liberty to the appellant to pursue appropriate remedies against the order dated 27th September 2019 passed by the Trial Court.
The pending interlocutory application does not survive and is accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv