Moonfrog Labs Private Limited vs Gameberry Labs Private Limited
2021 Latest Caselaw 921 Kant

                            1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15TH DAY OF JANUARY, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                  M.F.A.NO.614 OF 2018
                            C/W
                M.F.A.No.. 568 OF 2018(IPR)
IN.M.F.A.NO.614/2018
BETWEEN

MOONFROG LABS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT:
16/3, LEVEL-3,ADHARSH YELLAVARTHY CENTRE,
CAMBRIDGE ROAD, ULSOOR, BANGALORE-560008
REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY,
MR.ASHWINI KHEMKA
                                           ...APPELLANT
(BY SMT. NALINA MAYEGOWDA, ADVOCATE)

AND

1.    GAMEBERRY LABS PRIVATE LIMITED
      A COMPANY INCORPORATED UNDER THE PROVISIONS OF
      THE COMPANIES ACT, 2013,
      HAVING ITS REGISTRED OFFICE AT:
      NO.811, IST FLOOR, 10TH A MAIN ROAD,
      IST STAGE, INDIRA NAGAR,
      BANGALORE-560038
      REPRESENTED BY ITS MANAGING DIRECTOR

2.    MR. AFSAR AHMAD
      AGED ABOUT 26 YEARS,
      S/O ILLIYAS AHMAD KHAN,
                               2




3.    MR. GOVIND AGARWAL
      AGED ABOUT 27 YEARS,
      S/O RATI RAM AGARWAL,
      BOTH ARE R/AT NO.A1, IST FLOOR 13TH CROSS,
      NO.1016, 25TH MAIN, HSR LAYOUT,
      BANGALORE-560 102.
                                           ...RESPONDENTS
(BY SRI. CHINTAN CHINNAPPA.M, ADVOCATE)

       THIS APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF
CPC, AGAINST THE ORDER DATED: 05.01.2018 PASSED ON I.A.NO.
2 & 3 IN O.S.NO. 6146/2017 ON THE FILE OF THE XVIII ADDITIONAL
CITY CIVIL JUDGGE, BENGALURU CITY (CH-10), DISMISSING
I.A.NO.2 FILED U/O 39 RULE 1 & 2 R/W SEC. 151 OF CPC AND
ALLOWING I.A.NO. 3 FILED U/RO 39 RULE 4 R/W SEC.151 OF CPC.
IN.M.F.A.NO.568/2018
BETWEEN

1.    GAMEBERRY LABS PVT LTD
      COMPANY INCORPORATED UNDER THE
      ROVISIONS OF THE COMPANIES ACT, 1956,
      AVING ITS REGISTERED OFFICE AT:
      O.81, 1ST FLOOR, 10TH A MAIN ROAD,
      1ST STAGE, INDIARA NAGAR,
      BENGALURU 560 038.
      REPRESENTED BY ITS DIRECTOR.

2.    MR. AFSAR AHMAD
      S/O ILIYAS AHAMAD KHAN
      AGED ABOUT 26 YEARS.

3.    MR. GOVIND AGARWAL
      S/O RATIRAM AGARWAL
      AGED ABOUT 27 YEARS.

      APPELLANT NOS. 2 AND 3 ARE
      R/AT NO.A1, 1ST FLOOR,13TH CROSS,
      NO.1016, 25TH MAIN, HSR LAYOUT,
      BENGALURU 560102.
                                               ...APPELLANTS
(BY SRI. CHINTAN CHINNAPPA, ADVOCATE)
                                   3



AND

MOONFROG LABS PVT LTD
16/3, LEVEL-3
ADARSH YELLAVARTHY CENTRE,
CAMBRIDGE ROAD, ULSOOR,
BENGALURU 560 008
REPRESENTED HEREIN BY ITS
AUTHORISED SIGNATORY
MR. ASHWINI KHEMKA.
                                                    ...RESPONDENT
(BY SMT. NALINA MAYEGOWDA, ADVOCATE)

       THIS APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF
CPC, AGAINST THE ORDER DATED: 05.01.2018 PASSED ON I.A.NO.
1 IN O.S.NO. 6146/2017 ON THE FILE OF THE XVIII ADDITIONAL CITY
CIVIL JUDGGE, BENGALURU CITY (CH-10), ALLOWING I.A.NO. 1
FILED U/O 39 RULE 1 & 2 R/W SECTION 151 OF CPC.

     THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

Learned counsel for the appellants have filed

I.A.No.1/2020 in both the appeals seeking dismissal of the

appeals as withdrawn.

2. Accepting the cause shown in the application,

I.A.No.1/2020 in both the appeals are allowed and the appeals

are dismissed as withdrawn.

Sd/-

JUDGE Bmc