Karnataka High Court
M/S Britannia Industries Ltd vs M/S Sethi Agencies on 25 September, 2025
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NC: 2025:KHC:39127-DB
COMAP No. 207 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 207 OF 2023
BETWEEN:
M/S. BRITANNIA INDUSTRIES LTD.
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1913,
HAVING ITS REGISTERED OFFICE AT:
5/1-A, HUNGERFORD STREET,
KOLKATA-700 017
AND ITS EXECUTIVE OFFICE AT
PRESTIGE SHANTINIKETHAN
THE BUSINESS PRECINCT
TOWER C, 16TH AND 17TH FLOORS
WHITEFILED MAIN ROAD
MAHADEVAPURA POST
BENGALURU-560 048
REPRSENTED HEREIN
Digitally signed BY ITS MANAGER-LEGAL AND AUTHROIZED
by
CHANNEGOWDA POWER OF ATTORNEY HOLDER
PREMA MR. TAHIR NIZAMI.
Location: High ...APPELLANT
Court of
Karnataka
(BY SRI. YASHIR ALI, ADV.)
AND:
1. M/S. SETHI AGENCIES
A SOLE PROPRIETARY CONCERN
REP. BY ITS PROPRIETRIX
MRS. ANJU SETHI
W/O MR. ANIL SETHI
MAJOR, HAVING ITS REGSITRED OFFICE
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NC: 2025:KHC:39127-DB
COMAP No. 207 of 2023
HC-KAR
AT F 93, 2ND FLOOR, RAJOURI GARDEN
NEW DELHI-110 027
2. MR. ANIL SETHI
SUB AGENT/SUBSTITUTE AGENT
M/S. SETHI AGENCIES
S/O LATE MR. MOHINDER PAL SETHI
MAJOR
R.AT F 93, 2ND FLOOR
RAJOURI GARDEN
NEW DELHI - 110 027.
...RESPONDENTS
(BY SRI. GOUTHAM PANJWANI, ADV.,)
THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE COMMON ORDER
DATED 22.05.2023 PASSED BY THE LEARNED LXXXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
AND DESIGNATED COMMERCIAL COURT, (CCH-90)
DISMISSING I.A. Nos.2 AND 3, BOTH FILED BY THE APPELLANT
HEREIN/PLAINTIFF THEREIN UNDER ORDER XXXIX RULE 1(B)
OF THE CODE OF CIVIL PROCEDURE, 1908 IN COM.O.S.
No.400/2019 AND CONSEQUENTLY ALLOW THE SAID I.A.
Nos.2 AND 3 AND DISMISS I.A. No.4 FILED BY THE
DEFENDANTS No.1 AND 2/RESPONDENTS No.1 AND 2 UNDER
ORDER XXXIX RULE 4 OF THE CODE OF CIVIL PROCEDURE,
1908, AND GRANT SUCH OTHER JUST AND EQUITABLE RELIEF
AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS OF THE
CASE AND IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE RAJESH RAI K
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NC: 2025:KHC:39127-DB
COMAP No. 207 of 2023
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant has filed a memo stating that the matter has been amicably settled between the parties and the petition may be dismissed as withdrawn.
2. Memo is accepted.
3. Recording the memo, appeal is dismissed as withdrawn.
In view of disposal of the appeal, the interim order granted on 06.06.2023 shall stand vacated.
All pending applications stand disposed of.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 31