M/S Classic Infracon vs M/S Uplus Batteries Pvt Ltd on 28 November, 2018

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Karnataka High Court

M/S Classic Infracon vs M/S Uplus Batteries Pvt Ltd on 28 November, 2018

Bench: B M Shyam Prasad

                             1



     IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 28TH DAY OF NOVEMBER, 2018

                         BEFORE

     THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

               M.F.A. NO.7799/2013 (CPC)
Between:

M/s. Classic Infracon,
Bangalore Private Limited,
12th Main Road, 'D' Block,
Rajajinagar,
Bengaluru-560 010,
Represented by its,
Managing Director,
Smt. Mubeen Taj.                             ... Appellant

(By H.R.Anantha Krishna Murthy, Advocate)

And:

1.     M/s.UPLUS Batteries Pvt. Ltd.,
       (Formerly Union Sales Pvt Ltd)
       Registered & Corporate Office at
       No.5, 3rd Floor, Lakshmi Complex
       10th Cross Road,
       RMV Extension (Opp. CPRI)
       Bengaluru-560 080
       Represented by its
       Managing Director
       Sri.V.D.Padhye
       R/at New No.32 (Old No.26)
       4th Temple Street, 15th Cross
       Malleshwaram,
       Bengaluru-560 003.                   ... Respondent

(By Sri. Chandra Shekara.K, Advocate)
                                2



      This Miscellaneous First Appeal is filed under Order
43 Rule 1(r) read with Section 104 of the Code of Civil
Procedure, 1908 praying to set aside the order dated 25th
day of July 2013, passed by the Learned Judge of XXX
Additional City Civil Judge, Bengaluru City, in
O.S.No.5576/2012 on I.A.No.1 under Order 38 Rule 5 read
with 151 of CPC and etc.

     This Miscellaneous First Appeal coming on for final
disposal this day, the court delivered the following:-


                         JUDGMENT

Memo is filed on behalf of the appellant seeking permission to withdraw the appeal. Further, it is stated that an opportunity may be reserved in favour of the appellant to file a fresh application before the Civil Court, if required.

2. Memo is taken on record. Appeal is disposed of as withdrawn.

Insofar as the liberty as sought for, such liberty is granted subject to all exceptions in law. If indeed any application were to be filed, the Court will have to examine the maintainability/merits of such application.

Sd/-

Judge CS/nms CT:RG

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