Karnataka High Court
M/S Symbolein Technologies ... vs M/S Printdreams International Ab on 3 November, 2022
Bench: G.Narendar, P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE G. NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
COMMERCIAL APPEAL NO.139 OF 2021
BETWEEN:
M/S SYMBOLEIN TECHNOLOGIES
PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT,1956
HAVING ITS REGISTERED OFFICE AT
361, 1ST CROSS, KORAMANGALA
FOURTH BLOCK, BANGALORE 560 034
ALSO AT: 228/A 9TH MAIN ROAD,
10TH CROSS, KSRTC LAYOUT, SECOND PHASE
JP NAGAR, BENGALURU 560 078
REPRESENTED BY ITS MANAGING DIRECTOR
AND AUTHROIZED SIGNATORY
MR.VINDO KUMAR GOPINATH MENON.
... APPELLANT
(BY SRI.MURUGESH RAMAIAH, ADVOCATE)
AND:
1. M/S PRINTDREAMS INTERNATIONAL AB
(FORMERLY M/S PRINTDREAMS LTD)
NOW PART OF M/S COLOP DIGITAL GMBH,
OLOF PALMES GATA 20B,
1ST FL, SE-111, 37 STOCKHOLM,
SWEDEN REPRESENTED BY ITS CEO / DIRECTOR,
2
MR. ALEX ALEJANDRO BRETON.
2. MR. ALEX ALEJANDRO BRETON
M/S PRINTDREAMS INTERNATIONAL AB
(FORMERLY M/S PRINTDREAMS LTD)
NOW PART OF M/S COLOP DIGITAL GMBH,
OLOF PALMES GATA 20B,
1ST FL, SE-111, 37 STOCKHOLM, SWEDEN
REPRESENTED BY ITS CEO/ DIRECTOR,
MR. ALEX ALEJANDRO.
3. M/S COLOP STEMPELERZEUGUNG
SKOPEK GMBH & CO KG
(COMPANY NOHRA 1998)
& REPRESENTED BY MR ERNST FABER,
DR ARMINGGSTRABE 5,
4600 WELS, AUSTRIA.
4. M/S COLOP DIGITAL GMBH,
REP. MR. ERNST FABER,
MANAGING DIRECTOR & CTO
MR. ALEX ALEJANDRO BRETON, DR
-ARMING-STRABE 5,
4600 WELS, AUSTRIA.
5. M/S COLOP STAMPS INDIA PVT. LTD.
REP. BY MR MANOJ KUMAR GHATTANI
WE WORK, MAROL, 4TH. FLOOR,
THE MASTERPIECE,
MAROL METRO STATION,
MAROL, ANDHERI EAST,
400059 MUMBAI,
INDIA ALSO AT: SHOP NO. 17,
SAMRUDDHI COMMERCIAL
COMPLEX, CHINCHOLI BUNDER RD,
MALAD, MINDSPACE, MALAD WEST,
MUMBAI, 400 064.
... RESPONDENTS
(BY SRI. SEETHARAM. R AND MS. MEENA VENUGOPAL, ADVOCATES
FOR C/R3 TO R5)
3
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A)
OF THE COMMERCIAL COURT ACT, PRAYING TO 1. WHEREFORE THE
PETITIONER PRAYS FOR THE REASONS STATED ABOVE THAT THIS
HON'BLE COURT MAY BE PLEASED TO PASS ORDERS SETTING
ASIDE THE ORDER PASSED BY HON'BLE JUDGE ON 16TH JUNE
2021 ON THE PETITIONER'S PRAYERS AS PER IA 1-3 AS
COM.A.A.35/2021. 2. WHEREAS THE PETITIONERS PRAYS FOR THE
REASONS STATED ABOVE THAT THIS HON'BLE COURT MAY BE
PLEASED TO REMOVE ALL OBSERVATIONS REGARDING THE
MAINTAINABILITY OF THE PETITION COM A.A.35/2021 IN THE
ORDERS PASSED BY HON'BLE JUDGE ON 16 JUNE 2021.
3. WHEREFORE THE PETITIONER PRAYS FOR THE REASONS STATED
ABOVE THAT THIS HON'BLE COURT MAY BE PLEASED TO PASS
FAVOURABLE ORDERS ON THE IA 1-3 IN THE RELATED CASE OF
COM.A.A.35/2021 AS IT IS THE ONLY WAY TO PROTECT THE
INTERESTS OF THE SMALL INDIAN COMPANY AND PROTECT THE
INTERESTS OF AN INDIGENOUSLY DEVELOPED TECHNOLOGIES
FROM MODERN DAY EAST INDIA COMPANIES LIKE RESPONDENTS
1-5.
THIS COMMERCIAL APPEAL COMING ON FOR ORDERS, THIS
DAY, G. NARENDAR J., PASSED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
dated 21.09.2022 seeking permission of this Court to
withdraw this appeal.
2. The memo reads as under:
MEMO FOR WITHDRAWAL
It respectfully submitted that the Petitioner
approached this Hon'ble Court by filing the above
commercial Appeal on the Interim application filed in
Com.A.A.No.35/2021. On 30th day of November 2021
the Hon'ble LXXXVII Additional City Civil and Sessions
Judge, Bengaluru disposed off of the said Com.A.A
NO.35/2021
It respectfully submitted that the Petitioner in the
above Commercial Appeal seeks leave of this Hon'ble
Court to withdraw the above Commercial Appeal, which
may kindly be permitted.
WHEREFORE, it is respectfully prayed that this
Hon'ble court may kindly be pleased to dispose off the
above Commercial Appeal as withdrawn, in the interest
of justice and equity.(sic)
3. The memo is taken on record. Accordingly, the
appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
*MN/-
