The Tata Steel Limited vs Metal Closures Private Limited
2022 Latest Caselaw 1459 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF FEBRUARY, 2022

                        PRESENT
       THE HON'BLE MR. JUSTICE P S DINESH KUMAR
                          AND
     THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
                 COMAP.NO.62 OF 2021

BETWEEN:

1.     THE TATA STEEL LIMITED
       (FORMERLY KNOWN AS THE TATA
       IRON AND STEEL COMPANY LIMITED)
       A COMPANY INCORPORATED UNDER
       THE INDIAN COMPANIES ACT, 1882
       AND HAVING ITS REGISTERED OFFICE
       AT BOMBAY HOUSE, NO.24
       HOMI MODI STREET, MUMBAI-400 001
       AND ITS BRANCH OFFICE AT NO.45
       2ND FLOOR, JUBILEE BUILDING MUSEUM ROAD
       BENGALURU-560 025
       REPRESENTED HEREIN BY ITS
       COMPANY SECRETARY AND CHIEF LEGAL OFFICER
       MR. PARVATHEESAM KANCHINADHAM

2.     THE TINPLATE COMPANY OF INDIA LIMITED
       A COMPANY INCORPORATED UNDER
       THE INDIAN COMPANIES AT, 1913
       AND HAVING ITS REGISTERED OFFICE AT NO.4
       BANKSHALL STREET, KOLKATA 700 001
       AND ITS BRANCH OFFICE AT SHREE SHAKTI BUILDING
       14, PARK ROAD, TASKER TOWN
       BENGALURU-560 051
       REPRESENTED HEREIN BY ITS COMPANY SECRETARY
       MR. KAUSHIK SEAL

                                           ...APPELLANTS
(BY SMT. SMITHA R.B., ADVOCATE)
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AND:

METAL CLOSURES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT 12TH KM
KANAKAPURA ROAD
BENGALURU-560 062
REPRESENTED HEREIN BY THE LIQUIDATOR
ABHISHEK NAGORI
                                                     ...RESPONDENT

(BY SRI. ASHWIN R ANEPPANAVAR, ADVOCATE)


     THIS APPEAL IS FILED U/S 13(1A) OF THE COMMERCIAL
COURTS ACT, 2015 READ WITH ORDER XLI AND SECTION 96
OF THE CPC, 1908, PRAYING TO CALL FOR RECORDS & SET
ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED:
22.01.2021 PASSED BY THE HON'BLE COURT OF THE LXXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT
BENGALURU IN COMM.OS.NO.9039/2005(ANNEXURE-A) AND
ETC.
     THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                             JUDGMENT

Smt.Smitha.R.B, learned advocate for the appellants

has filed a memo dated 29.01.2022 seeking leave to

withdraw this petition. Memo reads as under:

MEMO

In view of the memo filed by the Liquidator for the Respondent Company dated 10.01.2022, the Appellants desire to withdraw the present Appeal with liberty to seek the

restoration of the Appeal in case the need arises.

WHEREFORE, the Appellants most humbly pray that this Hon'ble Court may be pleased to take this memo on record and permit the Appellants to withdraw the present Appeal, reserving liberty to the Appellants to seek restoration of the Appeal in case the need arises, in the interest of justice and equity.

2. Leave granted. This writ petition is dismissed as

withdrawn with liberty as prayed for.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

NS