IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.16 OF 2018 AND WRIT APPEAL NOS.2405-2427 OF 2018 (T-RES) BETWEEN:
M/S. UNITY ROCK INDUSTRIES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REGD OFFICE: SURVEY NO.24-2P-1 MIYAR, NALKOOR, UDUPI TALUK UDUPI DISTRICT – 576 101 REPRESENTED BY ITS MANAGING PARTNER FRANCIS GEORGE AGED ABOUT 53 YEARS (BY SRI.K.J.KAMATH, ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT) VIVEKANANDA 4TH CROSS ROAD AJJARAKADU, UDUPI – 576 101 2. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES LOCAL VAT OFFICE – 290 KUNDAPUR – 576 201 3. THE COMMISSIONER OF COMMERCIAL TAXES IN KARNATAKA VANIJYA THERIGE KARYALAYA 1ST MAIN, GANDHINAGAR BANGALORE – 560 009 (BY SRI.VIKRAM HUILGOL, HCGP) ... APPELLANT ... RESPONDENTS THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 07.11.2017 IN WRIT PETITION NO.31738-739/2014 AND 33980-34001/2014 AND ALLOW THE WRIT PETITION NO.31738-739/2014 & 33980-34001/2014 DATED 07.07.2014 AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Sri K.J.Kamath, learned advocate for the appellant submits that memo dated 29.01.2019 is not filed by him nor under his instructions. We notice that memo is filed by the appellant firm and it reads as follows:
“The appellant has filed the above appeal against the impugned order of the learned single judge in W.P.No.31738-739/2014 & 33980-34001/2014 on 02.01.2018. It is respectfully prayed that the above appeal petition may kindly be permit the appellant to withdraw the same in the interest of justice and equity.
M/s. Unity Rock Industries Sd/-
Managing Partner/Partner”
3. In the circumstances, as prayed for in the memo, the appellant is permitted to withdraw these appeals with liberty to Sri Kamath, to file appropriate memo for revival, if need arises.
Appeals disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB