Reddy Veeranna Investments Private Ltd v. Iifl Income Opportunities Fund Series Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2020 Coram :

THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MR. JUSTICE C. SARAVANAN O.S.A. No. 254 of 2020 and C.M.P. No. 12732 and 12733 of 2020

1. Reddy Veeranna Investments Private Limited having its registered address at No.109, 10th Main, 7th Cross, R.M.V. Extension, Bengaluru Karnataka - 560 080 represented herein by its authorised signatory Ms. Sangeetha Reddy

2. Mr. Reddy Veeranna

3. Mrs. Suguna Reddy ... Appellants/Applicants/Plaintiffs

Versus

1. IIFL Income Opportunities Fund Series II A fund managed by IIFL Asset Management Limited having its registered office at 6th Floor, IIFL Centre, Kamala City Senapati Bapat Marg Lower Panel, Mumbai - 400 013 Also at :

Branch Office 5th Floor, Kothari Building 114, Mahatma Gandhi Road Nungambakkam Chennai, Tamil Nadu - 600 034.

2. Beacon Trusteeship Limited having its registered office at 4C, Siddhivinayak Chambers Opp. MIG Cricket Club, Kala Nagar Bandra, Mumbai Maharashtra 400 051.

3. Manyata Developers Private Limited having its registered office at 9/1, Second Floor, Classic Court Richmond Road, Bengaluru Karnataka - 560 025 ... Respondents/Respondents/Respondents Original Side Appeal filed under Order XXXIX Rule 1 read with Clause 15 of Letters Patent against the Order dated 04.11.2020 passed in O.A. No. 484 of 2020 and Application No. 2538 of 2020 and Application No. 2539 of 2020 in Commercial Suit No. 266 of 2020 on the file of this Court.

For Appellants :

Mr. M.S. Krishnan, Senior Advocate Mr. N.L. Rajah, Senior Advocate Mr. Ar.L. Sundaresan, Senior Advocate for Mr. Mahesh Kumar For Respondents :

Mr. P.S. Raman, Senior Advocate for Mr.R.Palaniandavan and Mr. Arun Karthik Mohan for R1 Mr. Aryama Sundaram, Senior Advocate assisted by Ms. Rohini Musa for Mr. P. Giridharan and Mr. Santosh for R2 R3- No appearance

JUDGMENT

(Judgment of the Court was delivered by R. Subbiah, J) This appeal was taken up for hearing through Videoconferencing on 19.11.2020. After hearing the arguments of the respective Senior counsel for the parties, we have pronounced the order in the above CMP Nos. 12732 and 12733 of 2020 in O.S.A. No. 254 of 2020 today at 10.30 am.

2.

Today, at 2.15 am, Mr. N.L. Rajah, learned Senior counsel appearing for the appellants made a request to permit the appellants to withdraw the appeal itself. A withdrawal memo was also filed which reads as follows:- "The appellants most humbly submits as follows:- The appellants are filing this memo for withdrawing the present Original Side Appeal. When the matter came up for hearing today this Honourable Court permitted the appellants to withdraw the present Original Side Appeal and directed to file a

Memo on this regard and hence this Memo.

It is therefore most humbly prayed that this Honourable Court may be pleased to permit the appellants to withdraw the present OSA and thus render justice."

3.

Taking note of the request made on behalf of the appellants to withdraw the appeal, the Original Side Appeal is dismissed as withdrawn. No costs. Consequently, connected CMP Nos. 12732 and 12733 of 2020 are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras-104.

O.S.A. No. 254 of 2020 ssd[co] srg 15/12/2020