Ryatara Sahakari Sakkare Karkhane ... vs M/S Techmates Marketing Services
2025 Latest Caselaw 8003 Kant

Karnataka High Court

Ryatara Sahakari Sakkare Karkhane ... vs M/S Techmates Marketing Services on 3 September, 2025

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                                   -1-
                                                          NC: 2025:KHC-D:11270-DB
                                                          MFA No. 103877 of 2025


                        HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,
                                       AT DHARWAD
                         DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
                                         PRESENT
                        THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
                                            AND
                        THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                                      M.F.A. NO. 103877 OF 2025
                       BETWEEN:

                       RYATARA SAHAKARI SAKKARE KARKHANE NIYAMIT,
                       RANNANAGAR, AT: TIMMAPUR-587122,
                       TQ. MUDHOL, DISTRICT: BAGALKOT.
                       REPRESENTED BY ITS MANAGING DIRECTOR.
                                                                        ...APPELLANT
                       (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
                       AND:

                       1.   M/S. TECHMATES MARKETING SERVICES,
                            SUITE NO.9, GROUND FLOOR,
                            SHAHEEN RESIDENCY APARTMENT,
                            BOYCE COMPOUND, CLUB ROAD, BELAGAVI.
                            (REGISTERED PARTNERSHIP FIRM).

                       2.   REGISTERED UNDER THE INDIAN PARTNERSHIP
Digitally signed by         ACT, 1932, REPRESENTED BY ITS PARTNER,
CHANDRASHEKAR
LAXMAN KATTIMANI            SHRI ANAND G. HANJI,
Location: High Court
of Karnataka,               PLOT NO.381, BUDA SECTOR 40,
Dharwad Bench
                            KUVEMPU NAGAR, BELAGAVI, PIN-590001.
                                                                      ...RESPONDENTS
                             THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
                       13 (1) OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO SET
                       ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN
                       COMMERCIAL SUIT O.S.NO.5005/2022 DATED 20.09.2022 PASSED BY
                       THE I ADDITIONAL DISTRICT AND SESSION JUDGE, BAGALKOT TO
                       SIT AT: JAMKHANDI AND PRESIDING OFFICER, DESIGNATED
                       COMMERCIAL COURT, AT: JAMKHANDI BY ALLOWING THIS APPEAL IN
                       THE INTEREST OF JUSTICE AND EQUITY.
                            THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
                       WAS DELIVERED THEREIN AS UNDER:
                                   -2-
                                             NC: 2025:KHC-D:11270-DB
                                             MFA No. 103877 of 2025


HC-KAR




CORAM:       THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
              AND
              THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

Learned counsel for the appellant seeks leave of the Court

to withdraw the appeal with liberty to file a commercial appeal.

2. The said submission is placed on record.

3. The appeal is disposed of with liberty to file

appropriate appeal as per law.

4. The Registry is directed to return the certified copies

after retaining Xerox copies.

5. It is needless to observe that the appellant would be

entitled to benefit of limitation under Section 14 of the Limitation

Act, 1963.

Sd/-

(S.SUNIL DUTT YADAV) JUDGE

Sd/-

(VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN