- 1 - NC: 2025:KHC:12403 WP No. 8784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8784 OF 2025 (GM-CPC) BETWEEN: MR GAUTAM MALIAPPAN S/O. MALIAPPAN AGED ABOUT 38 YEARS R/AT M/S. HIREHAPPI, 1ST FLOOR GOODWORKS INFINITY PARK 2ND MAIN ROAD ELECTRONIC CITY PHASE -I BENGALURU 560 100. …PETITIONER (BY SRI. KAPIL DIXIT., ADVOCATE) AND: M/S GOODWORKS INFINITY PARK 21 REP.BY MR. VISHWAS MUDAGAL R/AT 2ND MAIN ROAD, ELECTRONIC CITY PHASE-I, ELECTRONIC CITY BANGALORE – 560100 COMPANY REGISTERED UNDER THE COMPANIES ACT 1950. …RESPONDENT (BY SRI.HARSHITH N BALAKRISHNA, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12403 WP No. 8784 of 2025 THE IMPUGNED ORDER DATED: 25.01.2025 PASSED ON I.A.NO. 12 IN COM O.S.NO. 10 OF 2023 ON THE FILE OF THE LEARNED X ADDITIONAL DISTRICT AND SESSIONS JUDGE, COMMERCIAL COURT RURAL, BENGALURU RURAL DISTRICT, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the respondent has raised preliminary objection regarding maintainability of writ petition and contended that against an order passed by the Trial Court on an application filed under Order 9 Rule 9 of CPC rejecting the application, the remedy of appeal is available under Order 43 Rule 1(r) of CPC. 2. At this juncture, the learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the writ petition with liberty to approach the - 3 - NC: 2025:KHC:12403 WP No. 8784 of 2025 appropriate legal forum and has filed a memo to that effect. 3. The memo is placed on record. 4. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 4