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Madras High CourtOSA(CAD)/115/2023withdrawn dismissed

Kalis Sparkling Water P Ltd v. R.Nageswaran

2024-11-05Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY O.S.A. (CAD) No.115 of 2023 and C.M.P.No.19924 of 2023 1.M/s.Kalis Sparkling Water (P) Ltd., rep. by its Managing Director, Imperial Chaitanya, 6th Floor, Old Door No.509, 510 & 510A, New Door Nos.612, 610 and 610A, Anna Salai, Teynampet, Chennai-600 018.

2.M/s.Kali Aerated Water Works (P) Ltd., rep. by its Managing Director, Imperial Chaitanya, 6th Floor, Old Door No.509, 510 & 510A, New Door Nos.612, 610 and 610A, Anna Salai, Teynampet, Chennai-600 018.

.. Appellants

Versus

1.R.Nageswaran, Proprietor, Kali Aerated Water Works (Karaikudi), 67, Taluk Office Road, Karaikudi-630 002.

2.K.P.D.Rajendran, Proprietor, Kali Aerated Water Works (Karaikudi), No.1, Moogambigai Nagar, 6th Cross Street, Tirunelveli-627 011.

.. Respondents Prayer : Appeal under Order 36 Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent and the provisions of Section 13 of the Commercial Courts Act, 2015 to set aside the order dated 2.6.2023 made in A.No.25 of 2023 in C.S. (Comm. Div) No.118 of 2022. For Appellants : Mr.B.Sivaraman For Respondents : Mr.A.Swaminathan

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Mentioned out of turn.

2. Counsel for appellants seeks leave to withdraw the appeal.

3. Appeal is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim application is also dismissed. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 05.11.2024 Index :

Yes/No NC :

Yes/No bbr

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

bbr O.S.A. (CAD) No.115 of 2023 05.11.2024