Karnataka High Court
Brahmi Constructions Pvt Ltd vs Nuclear Healthcare Limited on 22 June, 2024
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NC: 2024:KHC:22603-DB
COMAP No. 70 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
COMMERCIAL APPEAL NO. 70 OF 2024
BETWEEN:
BRAHMI CONSTRUCTIONS PVT LTD.,
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT NO.552,
13TH CROSS, 7TH MAIN, HIG HOUSING COLONY,
DOLLARS COLONY, RMV SECOND STAGE,
BANGALORE-560094,
ACTING THROUGH ITS DULY AUTHORIZED
SINGATORY MR RAMAPRIYAN N.
...APPELLANT
(BY MS. HEMAVATHI, ADVOCATE FOR
SRI CHINTAN CHINNAPPA M, ADVOCATE)
AND:
Digitally signed
by BELUR NUCLEAR HEALTHCARE LIMITED,
RANGADHAMA
NANDINI REGISTERED OFFICE AT: D37/1,
Location: HIGH TTC MIDC TURBHE NAVI MUMBAI-400703,
COURT OF
KARNATAKA REPRESENTED BY ITS MANAGING DIRECTOR,
MR RAHUL FRANKLIN GUHA.
...RESPONDENT
(RESPONDENT IS SERVED BUT UNREPRESENTED)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) OF THE COMMERCIAL COURTS ACT 2015 READ WITH
ORDER XLI RULE 1 R/W SECTION 96 OF THE CPC, 1908,
PRAYING TO:
1. SET ASIDE THE JUDGEMENT DATED 19/12/2023
PASSED BY THE LXXXIII ADDL. CITY CIVIL AND SESSIONS
JUDGE (CCH-84) AT BENGALURU IN COM.O.S. NO. 5773/2018
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NC: 2024:KHC:22603-DB
COMAP No. 70 of 2024
DISMISSING THE SUIT ON BY AFFIRMING ISSUE NO. 3
REGARDING LIMITATION PERIOD, AND CONSEQUENTLY
DECREE OR ALLOW THE CLAIMS/RELIEFS OF THE
PLAINTIFF/APPELLANT AS SOUGHT IN COM.O.S. NO.
5773/2018 (ANNEXURE -A).
2. TO GRANT SUCH OTHER RELIEFS TO THE APPELLANTS
AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant submits that the matter is settled between the parties and a memo is filed seeking to withdraw the appeal.
2. Memo filed by the learned counsel appearing for the appellant is accepted.
3. Accordingly, the appeal is dismissed as withdrawn. The appellant shall move for refund of Court fee with proper identification.
Sd/-
JUDGE Sd/-
JUDGE GVP List No.: 1 Sl No.: 7