Karnataka High Court
Klimart Private Limited vs Educomp Infrastructure And on 25 October, 2024
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NC: 2024:KHC:43084-DB
MFA No. 6633 of 2016
C/W MFA No. 6632 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 6633 OF 2016 (AA)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6632 OF 2016 (AA)
IN MFA No. 6633/2016 (AA)
BETWEEN:
KLIMART PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT C-20, SOAMI NAGAR, PANCHSHEEL,
NEW DELHI - 110 017.
AND ITS DESIGN OFFICE AT NO. 21
8TH CROSS, 24TH MAIN, J.P NAGAR II PHASE,
Digitally signed by BANGALORE - 560 078.
SREEDHARAN REPRESENTED HEREIN BY ITS DIRECTOR
BANGALORE
SUSHMA DR. SUJIT KUMAR
LAKSHMI
Location: HIGH
COURT OF
KARNATAKA
...APPELLANT
(BY SMT. AKSHITHA PRASAD, ADVOCATE FOR
SRI. SANJAY H SETHIYA, ADVOCATE)
AND:
1. EDUCOMP INFRASTRUCTURE AND
SCHOOL MANAGEMENT LIMITED
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MFA No. 6633 of 2016
C/W MFA No. 6632 of 2016
(FORMERLY KNOWN AS M/S. EDUCOMP
INFRASTRUCTURE PRIVATE LIMITED)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 HAVING ITS REGISTERED
OFFICE AT NO.308, UDYOG VIHAR,
PHASE-II, GURGAON - 122 001.
HARYANA AND ALSO AT NO.1211,
PADMA TOWER-I,NO.5,
RAJENDRA PLACE, NEW DELHI - 110 008.
REPRESENTED HEREIN BY ITS DIRECTOR
MR. SHANTANU PRAKASH
2. EDUCOMP SOLUTIONS LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 HAVING ITS REGISTERED
OFFICE NO. 1211,PADMA TOWER-I,
NO.5, RAJENDRA PLACE, NEW DELHI - 110 008.
AND HAVING ITS CORPORATE OFFICE AT
NO.514, UDYOG VIHAR,
PHASE-III, GURGAON - 122 001.HARYANA
REPRESENTED HEREIN BY ITS DIRECTOR
MR. SHANTANU PRAKASH
...RESPONDENTS
(BY SRI. ANIKETH B C, ADVOCATE FOR R1 & R2)
[VK RETURNED WITH OFFICE OBJECTIONS]
THIS MFA FILED U/S 37(1)(b) OF THE ARBITRATION AND
CONCILIATION ACT PRAYING TO SET ASIDE THE ORDER
DATED 23.6.2016 PASSED ON IA NO.5 IN A.A.NO.639/2013
AND ETC.,
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NC: 2024:KHC:43084-DB
MFA No. 6633 of 2016
C/W MFA No. 6632 of 2016
IN MFA NO. 6632/2016 (AA)
BETWEEN:
KLIMART PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT C-20, SOAMI NAGAR, PANCHSHEEL
NEW DELHI - 110 017.
AND ITS DESIGN OFFICE AT NO.21
8TH CROSS, 24TH MAIN, J.P.NAGAR, II PHASE,
BANGALORE - 560 078.
REPRESENTED BY ITS DIRECTOR
DR. SUJIT KUMAR.
...APPELLANT
(BY SMT. AKSHITHA PRASAD, ADVOCATE FOR
SRI. SANJAY H SETHIYA, ADVOCATE)
AND:
1. EDUCOMP INFRASTRUCTURE AND SCHOOL
MANAGEMENT LIMITED
(FORMERLY KNOWN AS M/S. EDUCOMP
INFRASTURCTURE PRIVATE LIMITED)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956, HAVING ITS REGISTERED
OFFICE AT NO. 308, UDYOG VIHAR, PHASE - II
GURGAON - 122 001, HARYANA, AND ALSO AT
NO. 1211, PADMA TOWER - I
NO.5, RAJENDRA PLACE, NEW DELHI - 110 008.
REPRESENTED HEREIN BY ITS DIRECTOR
MR. SHANTANU PRAKASH.
2. EDUCOMP SOLUTIONS LIMITED
A COMPANY INCORPORATED UNDER THE
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NC: 2024:KHC:43084-DB
MFA No. 6633 of 2016
C/W MFA No. 6632 of 2016
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
NO. 1211
PADMA TOWER -I,
NO.5, RAJENDRA PLACE, NEW DELHI - 110 008.
AND HAVING ITS CORPORATE OFFICE AT
NO. 514, UDYOG VIHAR,
PHASE - III, GURGAON - 122 001, HARYANA
REPRESENTED HEREIN BY ITS DIRECTOR
MR. SHANTANU PRAKASH.
...RESPONDENTS
(BY SRI. ANIKETH B C, ADVOCATE FOR R1 & R2)
[VK RETURNED WITH OFFICE OBJECTIONS]
THIS MFA FILED U/S 37(1)(b) OF THE ARBITRATION AND
CONCILIATION ACT PRAYING TO CALL FOR RECORDS IN A.A.
NO.639 OF 2013 IN THE COURT OF VI ADDL. CITY CIVIL AND
SESSION JUDGE, BANGALORE AND SET ASIDE THE ORDER
DATED 23.06.2016 PASSED ON A.A.NO.639/2013 AND ETC.,
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
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NC: 2024:KHC:43084-DB
MFA No. 6633 of 2016
C/W MFA No. 6632 of 2016
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Learned counsel for the appellant has filed a memo for
withdrawal dated 24.10.2024 in both the appeals. The same
are taken on record.
2. The memo for withdrawal reads as under:
"The Appellants in the above mentioned
matter submits as follows:The Appellants humbly
submits that, the Appellants seeks leave of this
Hon'ble Court to withdraw the instant Appeal with
liberty same.Wherefore it is prayed that this Hon'ble
Court may kindly be pleased take the memo on
record and withdraw the present Appeal as not
pressed in the interest of justice and equity."
3. Learned counsel for the appellant reiterates the
prayer for withdrawal of the appeals. The appeals are dismissed
as withdrawn.
SD/-
(V KAMESWAR RAO)
JUDGE
SD/-
(S RACHAIAH)
JUDGE
JS
