G. M. Amusement And Leisure Park ... vs Pilikula Nisarga Dhama Society ...
2022 Latest Caselaw 12182 Kant

                            1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 26TH DAY OF SEPTEMBER, 2022

                         PRESENT

           THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

             THE HON'BLE MR. JUSTICE C M JOSHI

                  COMAP NO.170/2021 (AA)

BETWEEN:

G.M AMUSEMENT AND LEISURE PARK LTD.,
A COMPANY HAVING ITS REGISTERED
OFFICE AT 'MANASA', PILIKULA
NISARGADHAMA,
MUDUSHEDDE, VAMANJOOR,
MANGALORE-575028.
REPRESENTED BY ITS
CHAIRMAN & MANAGING DIRECTOR
MR.JOEL GODFREY MENDONCA.

                                             ... APPELLANT
(BY SRI UDAYA PRAKASH.M. ADV.)


AND:


1. PILIKULA NISARGA DHAMA SOCIETY (R)
PILIKULA NISARGA DHAMA,
MOODUSHEDDE, VAMANJOOR,
MANGALORE-575028.
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.

2. SRI. P. RANJAN RAO,
ADVOCATE & ARBITRATOR,
                                    2


PREM NIVAS, BUNTS HOSTEL ROAD,
MANGALORE-575003.

                                                 ... RESPONDENTS

(BY SRI VIJAY KRISHNA BHAT.M. ADV. FOR R1,
R2-SERVED)

     THIS COMAP IS FILED UNDER SECTION 13(1A) OF
COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 17/02/2020 PASSED IN COMMERCIAL
ARBITRATION SUIT NO.10/2020 PASSED BY THE IV ADDL.
DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA,
MANGALORE ETC.

     THIS COMAP COMING ON FOR "ORDERS" THIS DAY,
G.NARENDAR J, DELIVERED THE FOLLOWING:

                           JUDGMENT

Case is called, there is no representation.

2. Memo is filed praying leave of the Court to

withdraw the appeal.

Memo reads as under:-

"The petitioner has filed the present appeal against the order of the commercial arbitration suit No.10/2020 challenging the award dt:26/06/2018 against the Pilikula Development Authority. Thereafter the Deputy commissioner and the District Magistrate's office on 08/08/2022 in their communication have promised to consider the

grievances of the appellant. As such the appeal be dismissed as not pressed."

3. Memo is taken on record.

Appeal is dismissed as not pressed.

Sd/-

JUDGE

Sd/-

JUDGE chs CT-HR