M/S. Toys N Toys Baby Shop vs M/S. Rage Health And Wellness ...
2022 Latest Caselaw 11135 Kant

                         1

 IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 26TH DAY OF JULY, 2022

                      BEFORE

   THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION NO.41768 OF 2019(GM-RES)
BETWEEN:

M/S TOYS N TOYS BABY SHOP
A PARTNERSHIP FIRM REGISTERED UNDER
THE INDIAN PARTNERSHIP ACT, 1932,
REGISTER OF FIRMS AS NO.199/2007-08
AND HAVING ITS OFFICE AT NO.201 & 202,
7TH CROSS, CMH ROAD, INDIRANAGAR 1ST STAGE,
BENGALURU - 560 038.
REP BY ITS PARTNER
MR.JEMSON LEONARD DSOUZA.
                                        ...PETITIONER
(BY SRI.VIVEK HOLLA, ADVOCATE)

AND:
1. M/S RAGE HEALTH & WELLNESS CENTRE, LLP,
   NO.208, 'DSOUZE COMPLEX', DOUBLE ROAD,
   INDIRANAGAR II STAGE,
   BENGALURU - 560 038.
   REP BY ITS PARTNERS,
   MR.RAMESH J PEREIRA AND
   MR.SHIJOY KUPPRATHIL.

2. MR.RAMESH J PEREIRA,
   MAJOR, #3, SHREE LAKSHMI YELLAMMA
   TEMPLE STREET, DOOPANAHALLI,
   BANGALORE - 560 008.
   ALSO AT NO.208, "DSOUZA COMPLEX",
   IV FLOOR APARTMENT,
   DOUBLE ROAD, INDIRANAGAR II STAGE,
   BENGALURU - 560 038.
3. MR.SHIJOY KUPPRATHIL,
   MAJOR, #102, CAUVERY COMFORTS,
   VENKATAPURA MAIN ROAD,
   KORMANGALA 1ST BLOCK,
   BANGALORE - 560 034.           ... RESPONDENTS
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE HONBLE TRAIL COURT TO PASS APPROPRIATE
ORDERS ON THE APPLICATION FILED U/S 8 UNDER THE
ARBITRATION AND CONCILIATION ACT, 1996 DATED
08.02.2019 I.A.NO.4(ANNEXURE-E) PENDING BEFORE THE
COURT OF PRINICPAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (COURT HALL NO.50 IN O.S.NO.446/2019
WITHIN 2(TWO) WEEKS AND ETC.,

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

                         ORDER

Learned counsel for the petitioner has filed a Memo

dated 14.07.2022 seeking leave of this Court to

withdraw this writ petition which reads as under:

"The petitioner submits that the suit, Comm. O.S.No.446/2019, giving rise to the above Writ Petition has been disposed vide final judgment and decree dated 08.04.2021 by the LXXXIV Addl.City Civil & Sessions Judge, Bangalore (CCH No.85) Further, I.A.No.4 forming the subject matter of the above Writ Petition has also been dismissed vide Order dated 10.12.2019 by the IX Addl. City Civil & Sessions, Bangalore (CCH No.5). In light of the said facts and circumstances, the Petitioner may be permitted to withdraw the above Writ Petitioner as being infructuous."

Accordingly, this petition is disposed off as having

been withdrawn in terms of the Memo filed.

Sd/-

JUDGE

Bsv