Xavient Software Solutions Pvt ... vs Turning Point Software Solutions ...
2022 Latest Caselaw 10740 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 13TH DAY OF JULY, 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.985/2016 (CPC)

BETWEEN:

XAVIENT SOFTWARE SOLUTIONS PVT LTD
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956
HAVING ITS OFFICE AT PLOT NO 54,
NSEZ INDUSTRIAL PHASE-II,
NOIDA-201301, NEW DELHI.

AND ALSO AT:
NO.380, ITTINA CENTER,
16TH MAIN ROAD, 3RD BLOCK,
KORAMANGALA,
BENGALURU-560034.
REPRESENTED BY ITS AUTHORIZED
SIGNATORY MS VINUTHA K.
                                         ... APPELLANT
(BY SRI.B.L. MAYANNA, ADVOCATE FOR
    SRI.K.R. KRISHNAMURTHY, ADVOCATE)

AND:

1.     TURNING POINT SOFTWARE
       SOLUTIONS PVT LTD
       A COMPANY INCORPORATED
       UNDER THE COMPANIES ACT, 1956
       AND HAVING ITS REGISTERED OFFICE
       AT NO 20, PARK AREA, 9TH A CROSS
       WILSON GARDEN,
       BENGALURU - 560027
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     KARNATAKA, INDIA. REPRESENTED
     BY ITS SENIOR MANAGER VISHVESH M.R.

2.   VIPUL JAIN S/O SUBHASH CHAND JAIN
     MAJOR, NO.127, 2ND CROSS, 5TH MAIN,
     BTM 2ND STAGE, BENGALURU 560029.
     AND ALSO AT: NO.8/3879,
     NORTH KRISHNA NAGAR,
     NEAR SBI BANK, CHILKANA ROAD,
     SAHARANPUR-247001,
     UTTAR PRADESH.

3.   RAJESH HEBBAR, MAJOR
     XAVIENT SOFTWARE SOLUTIONS
     PRIVATE LIMITED, NO.54, NSEZ,
     INDUSTRIAL PHASE-2, NOIDA-201301,
     NEW DELHI, AND ALSO AT: B-202,
     SAI SHRADDHA CHS,
     NEAR KANDA CIRCLE,
     BEHIND CENTRAL EXCISE BUILDING,
     KHANDESHWAR, NEW PANVEL
     MUMBAI-410206, MAHARASHTRA.

4.   PRACHURJYA BORAH, MAJOR
     XAVIENT SOFTWARE SOLUTIONS
     PRIVATE LIMITED, NO.54, NSEZ,
     INDUSTRIAL PHASE-2,
     NOIDA-201301, NEW DELHI,
     AND ALSO AT:
     VILLAGE KALYANPUR, K K PATH,
     P/O BISWANATH CHARIALI,
     SONITPUR - 784176, ASSAM.

5.   TAMIL SELVI B
     W/O SRINIWAS EKAMBARAM,
     MAJOR
     NO 23, 2ND MAIN,3RD CROSS,
     VIVEKANAND COLONY,
     BANASHANKARI,
     BENGALURU-560 078.
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6.    SANJAY SHIVAM
      S/O KASHINATH YADAV, MAJOR
      XAVIENT SOFTWARE SOLUTIONS
      PRIVATE LIMITED, NO.54,
      NSEZ, INDUSTRIAL PHASE-2,
      NOIDA-201301, NEW DELHI,
      AND ALSO AT: VILLAGE SHIMRA KHASH,
      PO DALLURIEDIH
      DEOGHAR - 814142
      JHARKHAND.

7.    SANTOSH NALAM, MAJOR
      NO.24/2, FIRST FLOOR, EAST FACING,
      29TH MAIN, ABBAIAH REDDY LAYOUT,
      BEHIND INCHARA HOTEL, 6TH PHASE,
      J.P.NAGAR, BENGALURU-560078
      AND ALSO AT: 18-4-33, VAVILALA STREET,
      MAIN ROAD, SATTERAPALLI,
      GUNTUR - 522403, ANDHRA PRADESH.

8.    MR. GIRISH SWAMI H M
      NO 99, RAJA RAJESHWARI NILAYA,
      2ND FLOOR, SANJIVEEVI NAGARA
      NAGARBHAVI MAIN ROAD,
      BENGALURU - 560 072.

9.    DEEPESH A PURUSHOTHAM, MAJOR
      NO.IA, SAI RAM NILAYA, 4TH CROSS,
      14TH A MAIN, HONGASANDRA,
      BOMMANAHALLI,
      BENGALURU-560068
      AND ALSO AT ALAKKATAMANA,
      PUTHENCHIRA PO,
      TRICHUR - 680682
      KERALA.

10.   MR AKASH BABU, MAJOR
      XAVIENT SOFTWARE SOLUTIONS
      PRIVATE LIMITED, NO.54, NSEZ,
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      INDUSTRIAL PHASE-2, NOIDA-201301,
      NEW DELHI.
      AND ALSO AT: NO 287, KASER KALAN,
      DIBAI - 202393, UTTAR PRADESH.

11.   SRINIVAM EKAMBARAM, MAJOR
      NO 23, 2ND MAIN, 3RD CROSS,
      VIVEKANANDA COLONY,
      BANASHANKARI,
      BENGALURU - 560 078.

12.   MR CHARAN KUMAR K, MAJOR
      NO.9, VINAYAKA NAGAR,
      ROOPENA AGRAHARA, HSR LAYOUT,
      6TH SECTOR, BENGALURU-560068
      AND ALSO AT: H NO 12-2-507,
      ASHOK NAGAR, ANANTAPUR
      ANANTAPUR DIST
      ANDHRA PRADESH.

13.   MR AMEET S CHENDIYEKAR
      S/O SAIROBA CHENDIYEKAR, MAJOR
      NO.102/2, C/O THOMAS ALEXENDER,
      21ST CROSS, SRI.RAMA TEMPLE ROAD,
      EJIPURA, BENGALURU-560047
      AND ALSO AT:
      SOLARIS CHEMTECH LIMITED,
      HOUSE NO MS-16 BINAGA,
      KARWAR - 581307.

                                    ... RESPONDENTS
(BY SRI. CHAITANYA S G., ADVOCATE FOR R1;
SMT. SUMANGALA SIMIMATH, ADVOCATE FOR R3 TO R13;
 R2 SERVICE HELD SUFFICIENT)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER MFA FILED U/O 43 RULE 1(r) R/W SEC.
104 OF CPC, AGAINST THE JUDGEMENT AND AWARD
DATED 21.01.2016 PASSED ON I.A. NO.I IN O.S. NO.
8500/2015 ON THE FILE OF THE VIII ADDITIONAL CITY
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CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING
I.A. NO.I FILED U/O XXXIX, RULES 1 AND 2 OF CPC.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                        JUDGMENT

Perused the memo for withdrawal dated

13.07.2022.

It is stated that the suit in O.S. No.8500/2015 on

the file of the VIII Additional City Civil and Sessions

Judge, Bengaluru, is settled by a compromise, and

therefore the appellant does not wish to prosecute the

appeal. The appeal must be disposed of, and is

accordingly disposed of as withdrawn.

SD/-

JUDGE

AN/-