IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR COMMERCIAL APPEAL NO. 1 OF 2018 BETWEEN:
SIMPLEX INFRASTRUCTURES LIMITED, A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT: SIMPLEX HOUSE, NO.27, SHAKESPEARE SARANI, KOLKATA – 700 017 AND ITS SUBORDINATE OFFICE AT:
BRIGADE PLAZA, UNIT-C, 71/1, S.C. ROAD, ANANDARAO CIRCLE, BENGALURU – 560 009 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. PRAVEEN KUMAR BHARDWAJ ... APPELLANT (BY SRI MRINAL SHANKAR, ADVOCATE) AND:
NITESH URBAN DEVELOPMENT PRIVATE LIMITED, A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT: NO.8, M.G. ROAD, BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENT *** THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, READ WITH SECTION 37(1)(A) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO CALL FOR RECORDS IN AA NO.225/18 ON THE FILE OF THE XXXVIII ADDL. CC & SJ, BENGALURU (CCH-39); CONSIDER IA NO.5 FILED U/S 9(1)(II)(b) AND (e) OF A & C ACT AND DIRECT TO DISPOSE OF THE SAID IA THIS COMMERCIAL APPEAL COMING ON FOR ORDERS THIS DAY ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for appellant files a Memo dated 26.02.2019 seeking leave of this Court to withdraw this appeal with liberty to approach appropriate forum for redressal of their grievances.
2. The memo is placed on record.
3. Accordingly, this Appeal is dismissed as withdrawn with liberty as prayed for.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK