IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A. NO.360 OF 2013 (CPC) BETWEEN:
M/S MEC TEK ENGINEERING A PARTNERSHIP CONCERN HAVING ITS REGISTERED OFFICE AT SHED NO.C-183 INDUSTRIAL ESTATE, PEENYA 2ND STAGE BANGALORE-560058 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI K BALAKRISHNA SHENOY ... APPELLANT (BY SRI.RAKSHITH KUMAR FOR SRI.R.SHIVACHARAN FOR S.A.PARTNERS, ADVOCATES) AND:
1. SRI CIRCLE ANNAMMA SEVE SAMITHI A SOCIETY REGISTERED AS DRB/SOR/166/2012-13 ANDRALLI MAIN ROAD FRIEND’S COLONY, HEGGANAHALLI BANGALORE - 560091 REPRESENTED BY ITS SECRETARY 2. SRI.SATHYANARAYAN FATHER’S NAME NOT KNOWN MAJOR OFFICE BEARER OF SRI CIRCLE ANNAMMA SEVE SAMITHI ANDRALLI MAIN ROAD FRIEND’S COLONY, HEGGANAHALLI BENGALURU – 560 091.
(RESPONDENT NO.2 NAME CORRECTED VIDE COURT ORDER DATED 06.07.2018) 3. KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORP LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ADMINISTRATIVE OFFICE BUILDING INDUSTRIAL ESTATE, RAJAJINAGAR BANGALORE – 560 044 REPRESENTED BY ITS INCUMBENT OFFICER.
... RESPONDENTS (BY SRI.B MADHUSUDHAN ADIGA, ADVOCATE FOR R1 & 2 R3 - SERVED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC AGAINST THE ORDER DATED 15.12.2012 PASSED ON I.A.NO.2 IN O.S.NO.8825/2012 ON THE FILE OF PRINCIPAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, ISSUING NOTICE ON I.A.NO.2 FILED UNDER ORDER 39, RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel for the appellant has filed a memo for withdrawal of the appeal, wherein, it is stated that MFA has been rendered infructuous.
2. Learned counsel for the appellant also submits that they have filed necessary application in the suit, which is pending for consideration.
3. In view of the memo filed and also submission made by the learned counsel for the appellant, this appeal is dismissed as withdrawn.
Sd/- JUDGE Prs*