Karnataka High Court

Jitendra Virwani vs Reddy Veeranna on 15 January, 2025

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                                                COMAP No. 577 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 15TH DAY OF JANUARY, 2025
                                     PRESENT
                     THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                        AND
                       THE HON'BLE MR JUSTICE S RACHAIAH
                       COMMERCIAL APPEAL NO. 577 OF 2024
             BETWEEN:

             1.    JITENDRA VIRWANI
                   SON OF MOHAN VIRWANI
                   AGED ABOUT 58 YEARS
                   WORKING FOR GAIN AT.
                   EMBASSY POINT
                   NO. 150, 1ST FLOOR
                   INFANTRY ROAD, BENGALURU - 560 001.
                   RESIDING AT NO. 341.
                   EMBASSY WOODS, 6A
                   CUNNINGHAM ROAD, VASANT NAGAR
                   BENGALURU - 560 052.

             2.    EMBASSY EAST BUSINESS PARK PRIVATE LIMITED
                   (FORMERLY KNOWN AS CONCORD INDIA PRIVATE
Digitally          LIMITED;
signed by
NARAYANA           FORMERLY ALSO KNOWN AS STEYR INDIA LIMITED)
UMA                A COMPANY WITHIN THE MEANING OF
Location:
HIGH COURT         HAVING ITS REGISTERED OFFICE AT
OF
KARNATAKA
                   EMBASSY POINT, 1ST FLOOR
                   150, INFANTRY ROAD
                   BENGALURU - 560 001.
                   REPRESENTED BY ITS
                   AUTHORISED REPRESENTATIVE
                   MR. B.S. MOHAN

             3.    EMBASSY PROPERTY DEVELOPMENTS PRIVATE
                   LIMITED
                   (FORMERLY KNOWN AS DYNASTY DEVELOPERS
                   PRIVATE LIMITED)
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                                    COMAP No. 577 of 2024




     A COMPANY WITHIN THE MEANING OF COMPANIES
     ACT, 2013,
     HAVING ITS REGISTERED OFFICE AT
     1ST FLOOR, EMBASSY POINT,
     150, INFANTRY ROAD
     BENGALURU - 560 001.
     AUTHORISED REPRESENTATIVE.
     MR. B.S. MOHAN

4.   NAM ESTATE PRIVATE LIMITED
     A COMPANY WITHIN THE MEANING OF COMPANIES
     ACT. 2013.
     HAVING REGISTERED OFFICE AT 1ST FLOOR
     EMBASSY POINT
     150, INFANTRY ROAD,
     BENGALURU - 560 001.
     AUTHORISED REPRESENTATIVE,
     MR. B.S. MOHAN

                                             ...APPELLANTS
(BY SRI. AJESH KUMAR S, ADVOCATE)

AND:

1.   REDDY VEERANNA
     SON OF R. SANJEEVAPPA
     AGED ABOUT 67 YEARS
     RESIDING AT:
     NO.109, 10TH MAIN
     7TH CROSS, RMV EXTENSION
     SADASHIVANAGAR
     BENGALURU - 560 080.

2.   NSL RENEWABLE POWER PRIVATE LIMITED
     A COMPANY WITHIN THE MEANING OF
     COMPANIES ACT, 2013,
     HAVING ITS REGISTERED OFFICE AT
     NSL ICON, 4TH FLOOR,
     ROAD NO. 12, BANJARA HILLS,
     HYDERABAD - 500 034.
     TELANGANA
     REPRESENTED BY ITS MANAGING DIRECTOR
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                                    COMAP No. 577 of 2024




3.   MANDAVA HOLDINGS PRIVATE LIMITED
     A COMPANY WITHIN THE MEANING OF COMPANIES
     ACT, 2013
     HAVING ITS REGISTERED OFFICE AT
     NSL ICON, 4TH FLOOR
     ROAD NO. 12, BANJARA HILLS
     HYDERABAD - 500 034.
     TELANGANA
     REPRESENTED BY ITS MANAGING DIRECTOR

4.   MR. NIRMAL KHANNA
     MAJOR
     SON OF VINOD KUMAR KHANNA
     RESIDING AT J-500, LANE W-17
     WESTERN AVENUE, SAINIK FARM,
     NEW DELHI - 110 017.

5.   MS. SHALINI KHANNA
     MAJOR
     DAUGHTER OF VINOD KUMAR KHANNA
     RESIDING AT J-500, LANE W-17
     WESTERN AVENUE, SAINIK FARM
     NEW DELHI - 110 017.

6.   MR. VINOD KUMAR KHANNA
     MAJOR
     SON OF LATE S.L KHANNA
     RESIDING AT J-500, LANE W-17
     WESTERN AVENUE, SAINIK FARM
     NEW DELHI - 110 017.

7.   TRANSWORLD ENTERPRISES PVT. LTD.
     A COMPANY WITHIN THE MEANING OF
     THE COMPANIES ACT, 2013
     HAVING ITS REGISTERED OFFICE AT
     J-500, LANE W - 17
     WESTERN AVENUE, SAINIK FARM,
     NEW DELHI - 110 017.
     REPRESENTED BY ITS MANAGING DIRECTOR
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                                    COMAP No. 577 of 2024




8.   MR. RAJES KHANNA
     MAJOR
     SON OF VINOD KUMAR KHANNA
     RESIDING AF J-500, LANE W-17
     WESTERN AVENUE, SAINIK FARM
     NEW DELHI - 110 017.

9.   MR. JITENDRA KUMAR
     AGED ABOUT 53 YEARS
     SON OF NIRBHAYLAL GULECHA
     RESIDING AT NO. 530. 2ND FLOOR
     MEGH MARKET, AVENUE ROAD
     BENGALURU - 560 002

10. MR. MAHAVEER KUMAR GULECHA
    AGED ABOUT 48 YEARS
    SON OF TEJRAJ GULECHA
    RESIDING AT, NO. 40/A, CLASSIC ORCHARD,
    BEHIND MEENAKSHI TEMPLE,
    BANNERGHATTA ROAD,
    BENGALURU -560 076

11. MS. MAMTA GULECHA
    AGED ABOUT 46 YEARS,
    DAUGHTER OF TEJRAJ GULECHA
    RESIDING AT, NO. 40/A, CLASSIC ORCHARD,
    BEHIND MEENAKSHI TEMPLE,
    BANNERGHATTA ROAD,
    BENGALURU - 560 076

12. MR. TEJRAJ GULECHA
    AGED ABOUT 69 YEARS
    SON OF MR. PUKHRAJ GULECHA
    RESIDING AT
    NO. 1101, EKKA.
    11TH FLOOR, PLATINUM ANANDA.
    CHAMARAJPET, BENGALURU-560 018

13. MS. MANISHA GULECHA
    AGED ABOUT 40 YEARS
    DAUGHTER OF TEJRAJ GULECHA RESIDING AT.
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                                  COMAP No. 577 of 2024




    NO. 40/A. CLASSIC ORCHARD.
    BEHIND MEENAKSHI TEMPLE.
    BANNERGHATTA ROAD, BENGALURU-560 076

14. AVANT GRADE FASHION WEAR PRIVATE LIMITED
    A COMPANY WITHIN THE MEANING OF
    COMPANIES ACT, 2013
    B-36, SECTOR 57
    NOIDA - 201 301.
    UTTAR PRADESH
    REPRESENTED BY ITS
    MANAGING DIRECTOR

15. MR. KUSHALRAJ GULECHA
    AGED ABOUT 57 YEARS
    SON OF PRITHVIRAJ GULECHA
    RESIDING AT
    DOOR NO. 28
    AMBIENCE PLATINUM APARTMENT
    2ND FLOOR, FLAT NO. 308
    K.R ROAD
    OPP. BASAVANAGUDI POLICE STATION
    BENGALURU - 560 004.

16. MR. R. CHENRAJ JAIN
    AGED ABOUT 59 YEARS
    SON OF RAI CHONDJI
    RESIDING AF. NO. 1101
    11TH FLOOR, PLATINUM ANANDA
    BULL TEMPLE ROAD
    BENGALURU - 560 004.

17. MR. RAJKUMAR S MEHTA
    AGED ABOUT 69 YEARS
    SON OF SHANTICHANDJI
    C/O A.S MEHTA AMPCO
    DOOR NO. 196
    GOVINDAPPA NAIKAN STREET
    CHENNAI - 600 001
    TAMIL NADU
    (SINCE DECEASED AS PER RECORDS OF
    TRIAL COURT)
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18. MR. BHAWARLAL KHIVESRA
    AGED ABOUT 74 YEARS
    SON OF PRATAPMALJI
    RESIDING AT
    NO. 39
    MAHARAJA PARADISE
    PUTTANNA CHETTY ROAD
    CHAMARAJPET
    BENGALURU - 560 001.

19. MR. B TEJRAJ NAGORI
    AGED ABOUT 74 YEARS
    SON OF BHABUTHMALJI
    RESIDING AT
    NO. 19, 2ND CROSS
    OPP. CANARA BANK
    CHAMARAJPET
    BENGALURU - 560 018.

20. MR. RAJENDRA KUMAR JAIN
    MAJOR
    SON OF PHOOLCHANDJI
    RESIDING AF DOOR. NO. 118
    2ND FLOOR
    GOVINDAPPA NAIKAN STREET
    CHENNAI - 600 001.
    TAMIL NADU

21. MR. JAYANTHILAL GULECHA
    AGED ABOUT 61 YEARS
    SON OF VANECHANDA GULECHA
    RESIDING AT
    NO. 202
    SREE APARTMENT
    6/8, KRISHNA ROAD, BASAVANAGUDI
    BENGALURU - 560 004.

22. MR. MAHENDRAKUMAR JAIN
    AGED ABOUT 65 YEARS
    SON OF PHOOLCHANDJI
    RESIDING AT
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    DOOR NO. 118, 2ND FLOOR
    GOVINDAPPA NAIKAN STREET
    CHENNAI - 600 001.
    TAMIL NADU

23. MRS. RADHA GULECHA
    AGED ABOUT 51 YEARS
    WIFE OF LALITH KUMAR GULECHA
    RESIDING AT
    DOOR. NO. 28
    AMBIENCE PLATINUM APARTMENT
    2ND FLOOR, FLAT NO. 308
    K.R ROAD,
    OPP. BASAVANAGUDI POLICE STATION
    BENGALURU - 560 004.

24. MRS. RAJUL GULECHA
    AGED ABOUT 52 YEARS
    WIFE OF UTTAMCHAND GULECHA
    RESIDING AT
    DOOR NO. 28,
    AMBIENCE PLATINUM APARTMENT
    2ND FLOOR, FLAT NO. 308.
    K.R ROAD
    OPP. BASAVANAGUDI POLICE STATION
    BENGALURU - 560 004.

25. MRS. SURAJ GULECHA
    AGED ABOUT 55 YEARS
    WIFE OF KUSHALRAJ GULECHA
    RESIDING AT
    DOOR NO. 28,
    AMBIENCE PLATINUM APARTMENT
    2ND FLOOR, FLAT NO. 308,
    K.R ROAD, OPP. BASAVANAGUDI POLICE STATION,
    BENGALURU - 560 004.

26. MR. UTTAMCHAND
    AGED ABOUT 54 YEARS
    SON OF PRITHVIRAJ GULECHA
    RESIDING AT DOOR. NO. 28
    AMBIENCE PLATINUM APARTMENT
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                                      COMAP No. 577 of 2024




    2ND FLOOR, FLAT NO. 308
    K.R ROAD
    OPP. BASAVANAGUDI POLICE STATION
    BENGALURU - 560 004.

                                                ...RESPONDENTS

    THIS COMAP FILED UNDER SEC.13(1-A) OF COMMERCIAL

COURTS ACT, 2015, PRAYING TO ISSUE AN APPROPRIATE

ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER

DATED    24.06.2024   PASSED    ON   IA   NO.    4   PASSED   IN

COM.OS.NO.    234/2022   BY    THE   COURT      OF   THE   LXXIII

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL

COURT, BENGALURU (CCH 84) AS PER ANNEXURE A AND

CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE

APPELLANT HEREIN UNDER ORDER XIII A OF THE CODE OF

CIVIL PROCEDURE, 1908 AS AMENDED BY THE COMMERCIAL

COURTS ACT, 2015 AS PER ANNEXURE A.



    THIS APPEAL, 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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                                               COMAP No. 577 of 2024




                          ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

1. Learned counsel for the appellants by fairly stating that the present appeal is not maintainable, intends to withdraw the same to avail such remedy as available in law. He has filed a memo for withdrawal, which reads as under:

"The Appellant submits as hereunder:

1. It is submitted that in view of the Office Objection raised with respect to the maintainability of the Commercial Appeal, the Appellant seeks leave of this Hon'ble Court to withdraw the present Commercial Appeal with liberty to avail such remedy as available under law.

Wherefore, it is prayed that this Hon'ble Court be pleased to permit the Appellant to withdraw the present Commercial Appeal and be permitted to avail such remedy as available under law and pass such Orders and further Orders, in the interest of Justice and Equity."

3. In view of the memo for withdrawal, the appeal is dismissed as withdrawn to enable the appellants avail such remedy as available in law.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE