IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOs.55912-913/2017 (GM-CPC) BETWEEN:
1. ONEDELTA SYNERGIES SINGAPORE PVT. LTD., A COMPANY INCORPORATED UNDER THE LAWS OF SINGAPORE HAVING ITS REGISTERED OFFICE AT 400, ORCHARD ROAD #05-09, SINGAPORE, 238875 REP. HEREIN BY ITS AUTHORISED SIGNATORY SHRIWALLABH M AGHOR.
2. ONEDELTA SYNERGIES PVIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 715-716, OXFOR TOWERS NEW MUNICIPAL NO.139 HAL AIRPORT ROAD BANGALORE-560 008 REP. HEREIN BY ITS AUTHORISED SIGNATORY SHRIWALLABH M AGHOR.
(BY SMT. NALINA M. ADVOCATE) AND:
1. CYANBERG TECHNOLOGY INDIA PVT. LTD., ...PETITIONERS A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 NO.17, 4TH MAIN, VINAYAKANAGAR ‘B’ BLOCK KONENA AGRAHARA BANGALORE-560 017.
REP. BY ITS RESPONDENTS 2 AND 3.
2. MR. HIMADRI SENGUPTA MAJOR, DIRECTOR, CYANBERG TECHNOLOGY INDIA PVT. LTD NO.17, 4TH MAIN, VINAYAKANAGAR ‘B’ BLOCK KONENA AGRAHARA BANGALORE-560 017.
3. MS.SNIGDHA SENGUPTA MAJOR, DIRECTOR, CYANBERG TECHNOLOGY INDIA PVT. LTD., NO.17, 4TH MAIN, VINAYAKANAGAR ‘B’ BLOCK KONENA AGRAHARA BANGALORE-560 017.
...RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08.12.2017 PASSED VIDE ANNEXURE- A1 ON I.A.NO.1 AND 2 FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 OF CPC IN O.S.NO.8358/2017 PENDING ON THE FILE OF XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU AND CONSEQUENTLY ALLOW I.A.NO. 1 AND 2.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Nalina M, learned counsel appearing for petitioners after arguing the matter for some time, seeks leave of the Court to withdraw the writ petitions with liberty to move the trial Court for preponing the case for purpose of I.A.Nos. 1 and 2 being taken up for hearing. Memo is filed to said effect. Same is placed on record.
2. Writ petitions stands dismissed as withdrawn and liberty as sought for is granted viz., petitioners/plaintiffs are granted liberty to move trial Court for considering I.A.Nos. 1 and 2 immediately after service of suit summons on the defendants. Liberty is also granted to move the vacation Court.
3. In the event of plaintiffs filing an application to serve the suit summons on defendants through special bailiff, trial Court shall consider the said prayer.
SD/- JUDGE DR