M/S Goms Electricals Private Limited vs Indelecsa India Private Limited
2023 Latest Caselaw 9394 Kant

Karnataka High Court

M/S Goms Electricals Private Limited vs Indelecsa India Private Limited on 5 December, 2023

Author: K.Somashekar

Bench: K.Somashekar

                                      -1-
                                              NC: 2023:KHC:44151-DB
                                             COMAP No. 419 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                   PRESENT
                    THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                     AND
                     THE HON'BLE MR JUSTICE RAJESH RAI K
                     COMMERCIAL APPEAL NO. 419 OF 2023
            BETWEEN:

                M/S GOMS ELECTRICALS PRIVATE LIMITED
                A COMPANY REGISTERED UNDER
                THE COMPANIES ACT, 1956
                HAVING REGISTERED OFFICE
                AT NO.43, 1ST MAIN ROAD
                RK NAGAR, MANDAVELI
                CHENNAI 600 028
                REP. BY THE MANAGING DIRECTOR
Digitally       MR. ESSAKI PILLAI GOMS.
signed by D                                             ...APPELLANT
K BHASKAR
             (BY SMT. VISHALI SRILAKSHMI - ADVOCATE FOR
Location:
High Court       SMT. ANUPARNA BORDOLOI - ADVOCATE)
of Karnataka
            AND:

                INDELECSA INDIA PRIVATE LIMITED
                A COMPANY REGISTERED UNDER THE
                COMPANIES ACT
                HAVING ITS REGISTERED OFFICE AT NO.
                VINOD VISWANATHAN
                SANGAM, #1475/1A
                GROUND FLOOR, 13TH CROSS
                20TH MAIN, HSR LAYOUT SECTOR-1
                BENGALURU 560 102
                REPRESENTED BY ITS DIRECTOR.
                                                       ...RESPONDENT
                             -2-
                                     NC: 2023:KHC:44151-DB
                                   COMAP No. 419 of 2023




     THIS COMAP FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLIII OF
THE CODE OF CIVIL PROCEDURE, 1908, AS AMENDED BY
COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE
ORDER OF THE CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE     (COMMERCIAL      COURT)   CCH-84    DATED
03.10.2023 ON IA NO. 1/2023 IN COM.O.S.NO.1114/2023.

     THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
                       JUDGMENT

This appeal is filed challenging the order passed by

the Court below in Com.O.S.No.1114/2023 dated

03.10.2023 allowing the application filed by the plaintiff

under Order 38 Rule 5 read with Section 151 of CPC.

However, learned counsel for the appellant has filed

a memo seeking withdrawal of the appeal. The memo is

placed on record. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

DKB