- 1 - HC-KAR NC: 2025:KHC-D:12005 WP No. 105209 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105209 OF 2025 (GM-CPC) BETWEEN: NECTAR BEVARAGES PRIVATE LIMITED A COMPANY INCORPORATED UNDER PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT S-25, I FLOOR, MAIN MARKET, GREEN PARK, NEW DELHI-110 016. PLACE OF BUSINESS AT ADJ, GTD, BELAGAVI ROAD, P.B.NO.205, K.C.PARK P.O., DHARWAD-580008, REPRESENTED BY ITS MANAGING DIRECTOR. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: SHRI H.N. PRUTHVI NARAYAN, S/O. H.G. NARAYAN, AGE: 46 YEARS, OCC. BUSINESS, R/O. B.M.ROAD, HASSAN-573201. …RESPONDENT THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23/06/2025 PASSED IN COMMERCIAL O.S. NO. 2/2019 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD, ON I.A. NO. 12 AND 13 VIDE ANNEXURE-R AND Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12005 WP No. 105209 of 2025 REJECT I.A. NO. 12 AND 13 FILED BY THE PLAINTIFF, IN THE INTEREST OF JUSTICE AND EQUITY. 2. ANY OTHER RELIEFS THIS HON BLE COURT DEEMS FIT FOR THE FACTS AND CIRCUMSTANCES OF THE CASE MAY PLEASE BE GRANTED IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a Writ in the nature of Certiorari quashing the impugned order dated 23/06/2025 passed in Commercial O.S.No. 2/2019 on the file of Prl. District and Sessions Judge, Dharwad, on I.A. No. 12 and 13 vide Annexure-R and reject I.A. No. 12 and 13 filed by the plaintiff, in the interest of justice and equity. 2. Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case may please be granted in favour of the Petitioner. 2. Learned counsel for the petitioner has filed a memo seeking for withdrawal of the above petition with - 3 - HC-KAR NC: 2025:KHC-D:12005 WP No. 105209 of 2025 liberty to file a fresh commercial appeal which reads as under: “The Petitioner above named most respectfully submits as under: That, the Petitioner may kindly be permitted to withdraw the present Writ Petition with liberty to file Commercial Appeal against the order impugned herein, in the interest of justice and equity. Hence, this Memo.” 3. Accepting the said memo and submission of counsel for the petitioner, petition is dismissed as withdrawn reserving liberty to file a commercial appeal. 4. Registry is directed to return all original and or certified copies by following the due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 78