M/S Rbd Shelters Llp vs Mr Kinny Bahri
2024 Latest Caselaw 15183 Kant

Karnataka High Court

M/S Rbd Shelters Llp vs Mr Kinny Bahri on 1 July, 2024

                                       -1-
                                                NC: 2024:KHC:24341-DB
                                               COMAP No. 232 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF JULY, 2024

                                    PRESENT
                     THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                       AND
                THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                       COMMERCIAL APPEAL NO. 232 OF 2024
                                       IN
                         COMMERCIAL O.S.NO.413 OF 2023
              BETWEEN:
              M/S RBD SHELTERS LLP,
              REGISTERED UNDER THE LIMITED LIABILITY
              PARTNERSHIP ACT, 2008,
              BEARING IDENTIFICATION NO AAB6572,
              HAVING THEIR REGISTERED OFFICE AT
              NO.682, TIARA, 9TH A MAIN, INDIRANAGAR,
              BENGALURU -560038,
              REPRESENTED BY ITS MANAGING PARTNER,
              AND AUTHORIZED SIGNATORY MR. AUSTIN ROACH.
                                                       ...APPELLANT
Digitally     (BY SRI SAMMITH S, ADVOCATE)
signed by C
HONNUR SAB    AND:
Location:
HIGH COURT    MR KINNY BAHRI,
OF            S/O LATE MR.R.K.BAHRI
KARNATAKA
              PAN NO AB0PB9954F, AGED ABOUT 60 YEARS,
              CURRENTLY RESIDING AT NO 405,
              SKAV AURA, FIRST FLOOR, 6TH MAIN,
              1ST CROSS, OFF 100 FT ROAD,
              HAL 2ND STAGE, BENGALURU - 560008.
                                                       ...RESPONDENT
                   THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
              13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO
              CALL FOR RECORDS OF COM. O.S. NO. 413/2023 ON THE FILE
              OF THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND
                                     -2-
                                               NC: 2024:KHC:24341-DB
                                           COMAP No. 232 of 2024




SESSIONS   JUDGE             (CCH-83,     COMMERCIAL        COURT),
BENGALURU,
     II. SET ASIDE THE ORDERS PASSED BY THE LEARNED
LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-
83, COMMERCIAL COURT), BENGALURU DATED 30/05/2024 ON
THE I.A. NO. 3 APPLICATION FILED BY THE APPELLANT UNDER
ORDER VII RULE 10 OF THE CIVIL PROCEDURE CODE, 1908 IN
COM. O.S., NO.413/2023, AS CONTAINED IN ANNEXURE-A.
     III. PASS SUCH OTHER ORDERS AS THIS HON'BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN
THE INTERESTS OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
                             JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal with liberty to file a Writ

Petition challenging the impugned order dated 30.05.2024 in

O.S.No.413/2023.

2. Memo is taken on record.

3. Accordingly, the appeal is dismissed as

withdrawn with liberty as sought for.

Sd/-

JUDGE

Sd/-

JUDGE