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2025 DAILYLAW 73035 (KAR)

M/S AKAR ENTERPRISES v. M/S SRI NANJUNDESWARA TRADERS

RFA/413/2018 · 2025-07-25

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28468 RFA No. 413 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 413 OF 2018 (IPR) BETWEEN: M/S. AKAR ENTERPRISES A PARTNERSHIP FIRM, 63, 2ND MAIN ROAD, NEW THARAGUPET, BANGALORE - 560 002. REPRESENTED BY ITS PARTNER, MR. NAVIN, S/O NIRMAL KUMAR, AGED ABOUT 40 YEARS. …APPELLANT (BY SMT. NEHA., ADVOCATE FOR SMT. MEDINI RAO., ADVOCATE) AND: 1. M/S. SRI. NANJUNDESWARA TRADERS NO.32/1, 3RD CROSS, 3RD MAIN ROAD, NEW THARAGUPET, BANGALORE - 560 002. REPRESENTED BY ITS PROPRIETOR. 2. MR. R.P.B.VIJAYARAJAN 1-H/3 DHAMOTHARANAGAR MAIN ROAD, THOOTHUKUDI - 628 003, TAMIL NADU. …RESPONDENTS (BY SRI. MANU., ADVOCATE FOR SRI. S.RAJENDRA FOR R1; NOTICE TO R2-HELD SUFFICIENT V/O DATED:11.04.2023) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28468 RFA No. 413 of 2018 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING- INTERLOCUTARY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Ms.Neha., counsel on behalf of Smt.Medini Rao., for the appellant and Sri.Manu., counsel on behalf of Sri.S.Rajendra., for respondent No.1 have appeared in person. Counsel Ms.Neha., submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. Mr.A.N.Navin - partner of M/s.Akar Enterprises has authorized one Mr.Rudresh.B.S to appear before the Court on behalf of the appellant Company and he is present before the Court and he has been duly identified by his counsel. When queried, Mr.Rudresh.B.S submits that a conscious decision is taken about withdrawal of the appeal and if an order - 3 - HC-KAR NC: 2025:KHC:28468 RFA No. 413 of 2018 is passed, the appellant shall not file review petition or seek for modification or recalling of the order. The oral submission made by the authorized representative and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 13