M/S Smart Owner Services India Pvt ... vs Mr Kamal Kumar
2023 Latest Caselaw 4109 Kant

                                               -1-
                                                     NC: 2023:KHC:23243-DB
                                                        COMAP No. 138 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 6TH DAY OF JULY, 2023

                                            PRESENT
                            THE HON'BLE MR JUSTICE ALOK ARADHE
                                              AND
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                             COMMERCIAL APPEAL NO. 138 OF 2023
                   BETWEEN:

                   1.    M/S SMART OWNER SERVICES INDIA PVT. LTD.,
                         8TH FLOOR, DELTA BLOCK,
                         SIGMA SOFT TECH PARK,
                         WHITEFIELD VARTHUR ROAD,
                         BENGALURU - 560 066,
                         REP. BY ITS CHIEF EXECUTIVE OFFICER.
                   2.    SMART ASSET SERVICES INDIA PVT LTD.,
                         7TH AND 8TH FLOOR, DELTA BLOCK,
                         SIGMA SOFT TECH PARK,
                         WHITEFIELD VARTHUR ROAD,
                         BENGALURU - 560 066,
                         REP. BY ITS DIRECTOR.
Digitally signed
by BELUR           3.    PINEHILL PROPERTIES PVT. LTD.,
RANGADHAMA               LEVEL 3 AND 4 EMBASSY DIAMANTE 34,
NANDINI
Location: HIGH           VITTALMALLYA ROAD,
COURT OF                 BENGALURU-560001,
KARNATAKA
                         REP. BY ITS DIRECTOR.
                                                                 ...APPELLANTS
                   (BY SRI HARIKRISHNA S HOLLA, ADVOCATE)
                   AND:

                   1.    MR KAMAL KUMAR,
                         S/O NAGENDRA NARAYAN BHAGAT,
                         AGED ABOUT 57 YEARS,
                         RESIDING AT 812, BAY STREET 7,
                         SAN FRANCISCO,
                         CALIFORNIA USA 94109,
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                                        NC: 2023:KHC:23243-DB
                                           COMAP No. 138 of 2023




    REPRESENTED BY HIS POWER OF ATTORNEY
    HOLDER MR RAMCHANDRA MUNIRAJU VENUGOPAL,
    S/O MUNIRAJU RAMCHANDRA,
    AGED ABOUT 38 YEARS,
    RESIDING AT NO.31, 2ND CROSS,
    BALAJI LAYOUT,
    NAGARESWARA NAGENAHALLI,
    DR SHIVARAMA KARANTH NAGAR,
    BENGALURU - 560 077.
                                       ...RESPONDENT
(BY SRI KAMAL KUMAR, PARTY IN PERSON)

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER
XLIII RULE 1 AND SECTION 104 OF THE CPC, PRAYING TO:
     (i) SET ASIDE THE IMPUGNED ORDER DATED 30 TH
MARCH, 2023 PASSED BY THE (LXXXVII) ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, CCH-88 COMMERCIAL COURT,
BENGALURU    ON   I.A.NO.14  IN   COM.O.S.NO.391/2020
(ANNEXURE-A) AND ALLOW I.A.NO.14 FILED BY THE
APPELLANT HEREIN COM.O.S.NO.391/2020 AND ETC.,

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK
ARADHE J., DELIVERED THE FOLLOWING:
                            JUDGMENT

Sri Harikrishna S Holla, learned counsel for the

appellants.

2. Sri Kamal Kumar, Party-in-Person/respondent.

3. Learned counsel for the appellants seeks leave of

this Court to withdraw the appeal with liberty to assail the

order dated: 30.03.2023 in a writ petition.

NC: 2023:KHC:23243-DB COMAP No. 138 of 2023

4. The aforesaid submission is placed on record.

5. Office is directed to return the certified copy of the

impugned order to the learned counsel for the appellants on

substitution thereof by a photocopy.

6. Accordingly, the appeal is dismissed as withdrawn

with liberty as aforesaid.

7. In view of the disposal of the appeal, all pending

interlocutory applications does not survive for consideration.

Accordingly, the same are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE BRN