Togglenow Software Solutions Private Limited v. Auditbot, Inc

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and CMP No.16670 of 2023

1. Togglenow Software Solutions Private Limited, #8-3-315/2, F102, Kuteer Apartments, Maruthi Nagar, Hyderabad 540 045, Telangana, India.

2. Raghu Boddu

3. Clematis Technology Solutions India Private Limited, H.No:8-2-682/A, 4th Floor, Plot No.2, Road No.36, Jubilee Hills, Hyderabad 500 034.

... Appellants -vs1. Auditbot, Inc 11 Latour Lane, Newark, New Castle, Delaware, 19702, United States of America, Rep. by its Power Agent, Mr.Veerashivaaji.

2. Veerashivaaji ... Respondents

Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order dated 09.06.2023 in Application No.1355 of 2023 in C.S.No.110 of 2019 on the file of original side of this Court. For the Appellants : Mr.Devi.N.

For the Respondents :

Mr.Thomas T.Jacob * * * * *

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The order allowing the application filed by the respondents under Order VI Rule 17 of the Code of Civil Procedure, 1908 is challenged.

2. In view of Section 13 of the Commercial Courts Act, 2015, the appeal would not be tenable. On the last date, we had asked the learned counsel for the appellants to convince on the tenability of the appeal.

3. Today, the learned counsel for the appellants accedes to the fact that the appeal would not be tenable. The learned counsel submits that the appellants be permitted to file additional written statement.

The said prayer is to be made to the Court before whom the suit is pending.

In light of that, the appeal as such is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 12.09.2023