Amit Ahuja vs Vipan Aggarwal
2023 Latest Caselaw 5802 Kant

                                           -1-
                                                 NC: 2023:KHC:29948-DB
                                                  COMAP No.296 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 21ST DAY OF AUGUST, 2023
                                      PRESENT
                      THE HON'BLE MR. JUSTICE G.NARENDAR
                                           AND
                  THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                       COMMERCIAL APPEAL NO.296 OF 2023
            BETWEEN:
            1.    AMIT AHUJA
                  S/O BHAGWANDAL DEEPACHAND AHUJA
                  AGED ABOUT 38 YEARS
                  HAVING OFFICE ADDRESS AT
                  NO 228, 1ST MAIN ROAD, 3RD CROSS
                  DOMLUR 2ND STAGE,
                  BANGALORE - 560071.
                                                             ...APPELLANT
            (BY SRI. PHANINDRA, SR. COUNSEL FOR
Digitally       SRI. KRUTIKA RAGHAVAN, ADV.,)
signed by
RUPA V
            AND:
Location:
HIGH        1.    VIPAN AGGARWAL
COURT OF          S/O LATE R.P. AGGARWAL
KARNATAKA
                  AGED ABOUT 68 YEARS
                  NO 301, VICTORIA HAVEN
                  PATEL RAMA REDDY ROAD
                  DOMLUR ROAD,
                  BANGALORE 560071.

            2.    M/S AA HOSPITALITY LLP
                  NO 228, 1ST MAIN ROAD
                  3RD CROSS, DOMLUR 2ND STAGE
                  BANGALORE - 560071
                  REPRESENTED BY ITS PARTNER
                  BHAGWANDAL DEEPCHARD AHUJA.

            3.    BHAGWANDAL DEEPCHAND AHUJA
                  S/O DEEPCHAND AHUJA
                  HAVING OFFICE ADDRESS AT
                  NO 228, 1ST MAIN ROAD, 3RD CROSS,
                  DOMLUR 2ND STAGE,
                  BANGALORE - 560071.
                                                          ...RESPONDENTS
                                   -2-
                                        NC: 2023:KHC:29948-DB
                                         COMAP No.296 of 2023




      THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1)A OF THE COMMERCIAL COURT ACT, 2015 R/W ORDER XL OF
CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
08/08/2023 (ORDER PASSED IN I.A.NO.22 AND 23) PASSED BY THE
HONBLE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU (TRIAL COURT), IN COM.O.S.NO.533/2020 (ANNEXURE-
A) AND CONSEQUENTLY ALLOW THE IA NOS.20 & 21. ANY OTHER
ORDER AS THIS HON'BLE COURT DEEMS FIT.


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


                            JUDGMENT

A memo has been filed seeking leave of this Court to

withdraw the appeal.

The memo is taken on record.

2. Mr.K.N.Phaneendra, learned Senior counsel for the

appellant submits that liberty may be granted to the appellant

to move the writ Court.

The submission is placed on record.

Accordingly, the appeal is dismissed as withdrawn with

liberty as prayed for.

NC: 2023:KHC:29948-DB COMAP No.296 of 2023

3. In view of dismissal of the appeal, I.A.No.1/2023 does

not survive for consideration and is accordingly disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV