Acc Steel Pvt Ltd vs Acc Limited
2023 Latest Caselaw 5586 Kant

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                                                    NC: 2023:KHC:28783-DB
                                                COMAP No. 181 of 2022




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 14TH DAY OF AUGUST, 2023

                                    PRESENT
                   THE HON'BLE MR JUSTICE G.NARENDAR
                                       AND
              THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                   COMMERCIAL APPEAL NO. 181 OF 2022

            BETWEEN:

            ACC STEEL PVT. LTD.,
            HAVING REGISTERED OFFICE AT
            TEETHI BUNDE, GOKARE
            DEVANAHALLI TALUK
            BENGALURU RURAL - 562 110
            REPRESENTED BY ITS MANAGING DIRECTOR
            MR. GEORGE ANTONY.
                                                              ...APPELLANT

            (BY SRI. KOTABAGI VINODKUMAR DUNDAPPA., ADVOCATE)

            AND:
            ACC LIMITED
Digitally   HAVING ITS REGISTERED OFFICE AT
signed by   CEMENT HOUSE, 121
RUPA V
            MAHARSHI KARVE ROAD
Location:   MUMBAI - 400 020
HIGH
COURT OF
KARNATAKA   ALSO AT (REGIONAL SALES OFFICE)
            4TH FLOOR, 414-421
            SPLENDOR FORUM BUILDING 3
            JASOLA DISTRICT CENTER, JASOLA,
            NEW DELHI -110 025

            REP BY ITS AUTHORIZED SIGNATORY
            RAJIV KUMAR CHOUBEY
            S/O MR. SURYA NATH CHOUBEY
            AGED ABOUT 50 YEARS
                                                            ...RESPONDENT
            (BY SRI. VIKRAM RAJAGOPAL., ADVOCATE)
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                                       NC: 2023:KHC:28783-DB
                                      COMAP No. 181 of 2022




     THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER ORDER
43 RULE 1(r) OF THE CPC 1908 R/W SECTION 13 (1-A) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO ALLOW THE ABOVE
SAID APPEAL AND SET ASIDE THE ORDER DATED 14.01.2022
PASSED BY THE LEARNED X ADDL. DISTRICT AND SESSIONS JUDGE
(DEDICATED COMMERCIAL COURT) BENGALURU RURAL DISTRICT
ON IA NOS.I, II AND III IN COMMERCIAL O.S. NO.1019/2021, IN
THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:



                       JUDGMENT

Learned counsel for the appellant has filed a memo

praying leave of the Court to withdraw the appeal.

2. Memo reads as under:

"The Memo on behalf of the Appellant is as under:

1. That the Appeal is filed against the Order of the Trial Court granting of ad interim injunction under Order 39, Rule 1 of the CPC restraining the Appellant from using the trade mark ACC.

2. The Appellant does not want to pursue the present appeal as the matter before the trial court has advanced stage and defendant evidence is also concluded. Hence, the Appellant may kindly be allowed to withdraw the present appeal, in the interest of justice and equity."

NC: 2023:KHC:28783-DB COMAP No. 181 of 2022

3. Memo is placed on record.

4. Appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

BSR