- 1 - HC-KAR NC: 2025:KHC:19759-DB COMAP No. 36 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 36 OF 2025 BETWEEN: M/S. CREATIVE INFOTECH, PROPRIETORSHIP FIRM, OFFICE AT NO. S-108, 1ST FLOOR, MANIPAL CENTRE, DICKENSON ROAD, BENGALURU-560 042. REP. BY ITS PROPRIETOR, MR. MOHIT HEGDE, AGED ABOUT 51 YEARS, S/O RAGHURAM HEGDE. …APPELLANT (BY SRI A MAHESH CHOWDHARY, ADVOCATE) AND: 1. M/S. MAHATHRU TECHNOLOGIES, BY ITS PROPRIETOR, MRS. HOLLADAGADDE, GIDDEGOWDA PRANITHA, NO. 18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU-560 027. ALSO TO BE SERVED AT M/S. MAHATHRU TECHNOLOGIES, BY ITS PROPRIETOR, MRS. HOLLADAGADDE PRANITHA, NO.B-606, 6TH FLOOR, KRISHNA BLOCK, K.H.B GAMES VILLAGE, KORAMANGALA, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19759-DB COMAP No. 36 of 2025 BENGALURU-560 047. 2. MRS. HOLLADAGADDE GIDDEGOWDA PRANITHA, AGED ABOUT 39 YEARS, W/O. SHARATH KC. 3. MR. K.C.SHARATH GOWDA, AGED ABOUT 42 YEARS, S/O. CHANDRA GOWDA. DEFENDANTS NO. 2 & 3 ARE AT NO. 18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU-560 027. 4. MRS. KAVITHA WAGMARE, NOW DECEASED, AGED ABOUT 37 YEARS, W/O ABHIJITH WAGMARE R/AT 473, 1ST FLOOR, 2ND MAIN, 3RD CROSS, KANNADA KASTURI ROAD DASARAHALLI BENGALURU - 560 057. (VIDE ORDER DATED 27.01.2025 MRS. KAVITHA WAGMARE IS DECEASED.) 5. MRS. VASUDHA SHENOY, AGED ABOUT 41 YEARS, R/AT NO.42, MANASA, 1ST FLOOR DWARAKANAGAR, 2ND STAGE, UTTARAHALLI MAIN ROAD, PARISHUDHAJALA OUTLET, CHANNASANDRA, BANGALORE-500 098. 6. M/S VIVA INFO SOLUTION, REP BY ITS PROPRIETORS, MR. VIKRAM R, AGED ABOUT 44 YEARS, MRS. VASUNDHA SHENOY, - 3 - HC-KAR NC: 2025:KHC:19759-DB COMAP No. 36 of 2025 AGED ABOUT 37 YEARS, OFFICE AT 18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU-560 027. ALSO HAVING ADDRESS AT NO. 101, 3RD MAIN, SHREYAS COLONY, JP NAGAR, 7TH PHASE, BANGALORE-560 078. ALSO ADDRESS AT NO.42, MANASA, 1ST FLOOR, DWARKANAGAR 2ND STAGE, UTTARAHALLI MAIN ROAD, PARISHUDHAJALA OUTLET, CHANNASANDRA, BENGALURU-560 098. 7. M/S EXPLONECT SOLUTIONS, REP. BY ITS PROPRIETOR, ABHIJEET B WAGHMARE AND KAVITA WAGHMARE, NO. 3, ASHIRVAD NILAYA, 20TH MAIN, 1ST D CROSS, BTM LAYOUT 1ST STAGE, BANGALORE-560 029. 8. 9. MR. SUDHATH, AGED ABOUT 30 YEARS, C/O M/S MAHATHRU TECHNOLOGIES, NO. 18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU-560 027. MR. RAJATH GOWDA, AGED ABOUT 32 YEARS, C/O M/S MAHATHRU TECHNOLOGIES, 18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU-560 027. …RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:19759-DB COMAP No. 36 of 2025 (BY SRI VAMSHI KRISHNA C, ADVOCATE FOR R-3; NOTICE TO R-1 AND R-2 STANDS DISPENSED WITH VIDE ORDER DATED 28.04.2025; R-4 IS EXPIRED AND THE APPEAL QUA HER ABATES VIDE ORDER DATED 27.01.2025; NOTICE TO R-5 TO R-9 ARE DISPENSED WITH VIDE ORDER DATED 27.01.2025) THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER PASSED ON IA NO. 20 DATED 19.12.2024 IN COM. OS NO. 514/2021 BEFORE THE HONBLE COMMERICAL COURT, BENGALURU AS IT IS WITHOUT JURISDICTION, ARBITRAY AND BAD IN THE EYES OF LAW. CONSEQUENTLY, DISMISS THE APPLICATION BEARING IA NO. 20 IN COM. OS NO. 514/2021 AS IT BEING NON MAINTAINABLE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO ,ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) Learned counsel for the appellant fairly stating that this appeal is not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, wishes to withdraw the appeal to seek such remedy as available in law. He has filed a memo to that effect, which reads as under: - 5 - HC-KAR NC: 2025:KHC:19759-DB COMAP No. 36 of 2025 "The Counsel for the Appellant humbly seeks leave of this Hon'ble Court to withdraw the instant petition reserving the liberty to file the appropriate petition. The memo may be considered in the interest of justice and equity." 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 58