M/S Anvita Auto Tech Works Pvt. Ltd vs M/S. Aroush Motors
2024 Latest Caselaw 19710 Kant

Karnataka High Court

M/S Anvita Auto Tech Works Pvt. Ltd vs M/S. Aroush Motors on 6 August, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                               -1-
                                                           NC: 2024:KHC:31079-DB
                                                          COMAP No. 189 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF AUGUST, 2024

                                            PRESENT
                            THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                               AND
                              THE HON'BLE MR JUSTICE S RACHAIAH
                             COMMERCIAL APPEAL NO. 189 OF 2022
                   BETWEEN:

                         M/S. ANVITA AUTO TECH WORKS PVT. LTD
                         FORMERLY KNOWN AS AMW MOTORCYCLES
                         (BANGALORE) PVT., LTD
                         NO.9/1, II FLOOR, CLASSIC COURT
                         RICHMOND ROAD, BENGLAURU 560025
                         REPRESENTED BY ITS DIRECTOR
                         MR. PARVATHANENI ABHIRAM
                         AGED ABOUT 40 YEARS
                         S/O MR. PARVATHANENI SANTHI KISHORE.
                                                                    ...APPELLANT

Digitally signed
                   (BY SRI MADHU GOUD - ADVOCATE FOR
by SUMATHY             SRI. CHANDRASHEKHAR PATIL - ADVOCATE)
KANNAN
Location: High     AND:
Court of
Karnataka
                   1.    M/s. AROUSH MOTORS
                         NO. 14/1, 1ST CROSS
                         6TH MAIN ROAD, H.R. B.R LAYOUT
                         I BLOCK, KALYAN NAGAR POST
                         BENGALURU 560 043
                         REPRESENTED BY ITS PARTNER
                         MR. K SHAHARAB.

                   2.    CONAIR EQUIPMENTS PRIVATE LIMTIED
                         GUT NO. 324, CHATE COLLEGE ROAD
                         NEAR KAILAS BHEL, GAUDDARA
                         TALUKA - HAVELI, DIST: PUNE 412205

                         MAHARASHTRA
                              -2-
                                     NC: 2024:KHC:31079-DB
                                    COMAP No. 189 of 2022




      REPRESENTED BY ITS DIRECTOR
      MR. SAMEER KAVALE.
                                           ...RESPONDENTS
(BY SRI. SUKUMARAN G - ADVOCATE FOR RESPONDENT NO.1)

     THIS COMAP / COMMERCIAL APPEAL UNDER SECTION
13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING
TO SET ASIDE THE IMPUGNED ORDER AT ANNEXURE-A DATED
22/03/2022 PASSED ON I.A.NO. 6 IN COM.O.S.NO. 372/2021
BY THE LXXXVII-ADDL. CITY CIVIL AND SESSIONS JUDGE
(EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BENGALURU
AND ALLOW THE APPLICATION OF THE APPELLANT FILED
UNDER SECTION 151 OF CPC AND CONSEQUENTLY DIRECT
THE TRIAL COURT TO ACCEPT THE WRITTEN STATEMENT
FILED BY THE APPELLANT.

    THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE K.SOMASHEKAR
           AND
           HON'BLE MR JUSTICE S RACHAIAH


                    ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the order passed by

the Court below in Com.A.S.No.372/2021 dated

22.03.2022 dismissing I.A.VI filed under Section 151 of

CPC seeking permission to file written statement.

2. Learned counsel Sri Madhu Goud for the appellant

is present before the Court physically and represents Sri

Chandrashekar Patil who is on record.

NC: 2024:KHC:31079-DB

3. Learned counsel Sri Sukumaran G for respondent

No.1 is on record, but there is no representation either

through video conferencing or present before the Court

physically.

4. Counsel for the appellant has filed a memo

seeking withdrawal of the appeal. It is stated in the memo

that appellant is no longer desirous of prosecuting the

appeal, hence, seeks for withdrawal of the same as not

pressed.

5. The memo is placed on record. Consequently, the

appeal is dismissed as withdrawn.

6. Consequence upon disposal of the appeal, pending

IAs, if any, shall stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

DKB