Karnataka High Court
Forbes Technovative P Limited vs Eureka Forbes Limited on 28 February, 2024
Author: Chief Justice
Bench: Chief Justice
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NC: 2024:KHC:8375-DB
COMAP No. 26 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
COMAP NO. 26 OF 2024
BETWEEN:
1. FORBES TECHNOVATIVE (P) LIMITED
A COMPANY INCORPORATED UNDER INDIA
COMPANIES ACT, 2013 AND HAVING ITS
OFFICE AT NO. 34, 3RD FLOOR, 10TH B MAIN
OPP. COSMO CLUB, JAYANAGAR 3RD BLOCK
BENGALURU,KARNATAKA 560 001
REP. BY ITS DIRECTOR ANAND NAIK
2. ANAND NAIK
DIRECTOR, ION EXACENSE PRIVATE LIMITED
AND ERSTWHILE DIRECTOR OF FORBES
TECHNOVATIVE PRIVATE LIMITED
S/O MURTHY NAIK, AGED ABOUT 30 YEARS
R/AT NO. 74, 2ND FLOOR, 30TH CROSS, 4TH BLOCK
JAYANAGAR, BENGALURU - 560 011
Digitally signed by MALA 3. MURTHY NAIK
KN DIRECTOR, FORBES TECHNOVATIVE PRIVATE
Location: HIGH COURT LIMITED AND ION EXACENSE PRIVATE LIMITED
OF KARNATAKA SON OF RATHNA NAIK, R/AT NO. 74, 2 ND FLOOR
30TH CROSS, 4TH BLOCK, JAYANAGAR
BENGALURU-560 011
4. ION EXACENSE PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE INDIAN
COMPANIES ACT, 1956 AND HAVING ITS OFFICE
AT NO. 34, 3RD FLOOR 10TH B MAIN, OPP. COSMO
CLUB, JAYANAGAR, 3RD BLOCK, BENGALURU
KARNATAKA 560 011, REP. BY ITS DIRECTOR
MR. ANAND NAIK ...APPELLANTS
(BY SMT. SHEETAL SONI., ADV.)
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NC: 2024:KHC:8375-DB
COMAP No. 26 of 2024
AND:
1. EUREKA FORBES LIMITED
(FORMERLY FORBES ENVIRO SOLUTIONS LIMITED)
A COMPANY INCORPORATED UNDER THE INDIAN
COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT B1//B2, 701, 7 TH FLOOR
MARATHONINNOVA, OFF.GANPATRAO KADAM MARG
LOWER PAREL, MUMBAI MAHARASHTRA 400 013
AND BRANCH OFFICE AT NO. 8/3
SREENIDHI ARCADE, 2 ND FLOOR, 13TH CROSS
WILSON GARDEN, BENGALURU-560 027
KARNATAKA, REP. BY ITS GENERAL COUNSEL
AND VICE PRESIDENT LEGAL (COMPLIANCE AND
CORPORATED GOVERNANCE) MS. MITALI BASU
2. SUREKA FORBES PRIVATE LIMITED AND OTHERS
A COMPANY INCORPORATED UNDER THE INDIAN
COMPANIES ACT, 2013 AND HAVING ITS OFFICE AT
NO. 579, 69TH CROSS, KUMARSWAMMY LAYOUT
BSK II STAGE, BENGALURU URBAN
KARNATAKA 560 070, ALSO AT NO. 5
KALKERE MAIN ROAD, NEAR KRISHNA
GREEN MEADOWS APARTMENT
RAMAMURTHYNAGAR, BENGALURU-560 016
REP. BY ITS DIRECTOR BALAJI UDAYAKUMAR
3. BALAJI UDAYAKUMAR
DIRECTOR, SUREKA FORBES PRIVATE LIMITED
S/O R. BALAJI, AGED ABOUT 44 YEARS
R/AT NO. 34, 3RD FLOOR, 10TH B MAIN ROAD
JAYANAGAR 8TH BLOCK, BENGALURU-560 011
4. NARESH MAHADEVAN, DIRECTOR
SUREKA FORBES PRIVATE LIMITED
MAJOR, FATHER NAME NOT KNOWN
AGED APPROX 60 YEARS
R/ AT NO. 579, 69TH CROSS
KUMARASWAMY LAYOUT, BSK II STAGE
BENGALURU URBAN KARNATAKA-560 070
...RESPONDENTS
(BY SRI.AKSHAY B. M., ADV. FOR C/R1)
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NC: 2024:KHC:8375-DB
COMAP No. 26 of 2024
THIS COMAP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS
PERTAINING TO THE CASE OF THE PETITIONER AND GRANT
HIM THE FOLLOWING RELIEFS (A) TO SET ASIDE / QUASH
THE ORDER DATED 23/09/2023 IN COM.O.S.NO.47/2022
PASSED BY THE COURT OF LXXXVI ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU (CCH-87) (COMMERCIAL
COURT) IN COM.O.S.NO.47/2022 VIDE ANNEXURE-A AND
ALLOW THE IA NO. 17 IN COM.O.S.NO.47/2022 IN
ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
T.G.SHIVASHANKARE GOWDA, J., DELIVERED THE
FOLLOWING:
JUDGMENT
Learned advocate for the appellant has filed a
memo of even date seeking leave of this Court to
withdraw the appeal, as the appellants have filed
another appeal in Com.Ap.No.18/2024. The memo
reads as follows:
"The counsel for petitioner humbly
submits that she intends to withdraw the
aforesaid case No.COMAP 26/2024 and I
state that the petitioner has no objection
for the said withdrawal. Thus, this Hon'ble
Court may kindly be pleased to allow me
to withdraw the said matter - COMAP
26/2024."
NC: 2024:KHC:8375-DB
2. Memo is placed on record. Leave granted.
Accordingly, this appeal is disposed as withdrawn
with liberty to pursue Commercial Appeal
No.18/2024.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KNM
CT:HS
