- 1 - NC: 2025:KHC:10245-DB COMAP No. 111 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 111 OF 2023 BETWEEN: 1. M. A. WASAI TRUST, A REGISTERED TRUST HAVING ITS OFFICE AT NO.221, NARAYAN PILLAI STREET, SHIVAJINAGAR, BANGALORE-560 001. REPRESENTED BY ITS TRUSTEE, MR. A.H. SHUAIB. 2. MR. MOHAMMED AYUB ALIAS A.R.IYOOB, SON OF LATE ABDUL ALEEM, AGED ABOUT 76 YEARS, CO-TRUSTEE OF M A WASAI TRUST, NO.221, NARAYAN PILLAI STREET, SHIVAJINAGAR, BANGALORE-560 001. …APPELLANTS (BY SRI. RAGHAVENDRA PRASAD M.S, ADVOCATE) AND: 1. M/S. MONE HOSPITALITY INTERNATIONAL PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO.8, GF-1, 2ND CROSS, SILVER OAK APARTMENT, VIVEKANANDA NAGAR, M S NAGAR, Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:10245-DB COMAP No. 111 of 2023 BANGALORE-560 033, REPRESENTED BY ITS AUTHORISED SIGNATORY. 2. MR KUNHI MOOSA, S/O LATE KUNHI MAMOO, AGED ABOUT 55 YEARS, DIRECTOR OF M/S MONE HOSPITALITY INTERNATIONAL PVT.LTD., NO.8, GF1, 2ND CROSS, SILVER OAK APARTMENT, VIVEKANANDA NAGAR, MS NAGAR, BANGALORE-560 033. 3. MR. MOHAMMED ASIF, S/O LATE P. OMAR, AGED ABOUT 47 YEARS, DIRECTOR OF M/S MONE HOSPITALITY INTERNATIONAL PVT.LTD., NO.8 GF1, 2ND CROSS, SILVER OAK APARTMENT, VIVEKANANDA NAGAR, MS NAGAR, BANGALORE-560 033. …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W UNDER ORDER XLIII 1 (R) AND SECTION 104 OF THE CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 15/03/2023 ON IA NO. 12 IN COM.O.S.NO. 385/2020 PASSED BY THE LEARNED LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BENGALURU (CCH-88) PRODUCED AT ANNEXURE-A AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF - 3 - NC: 2025:KHC:10245-DB COMAP No. 111 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellants has filed a memo for withdrawal of the appeal, which reads as under: “The Appellants respectfully submit as follows: The Appellants have filed the above appeal challenging the Order dated 15.03.2023 allowing I.A. No.12 filed by the Respondents herein allowing the application seeking summons to several persons / entities for production of all invoices pertaining to the transactions with the Respondents passed by the learned LXXXVII Addl. City Civil & Sessions Judge, (Exclusive Dedicated Commercial Court) at Bengaluru (CCH 88) in Com. OS. No. 385/2020 on the bonafide impression that an appeal is maintainable. However, on closer scrutiny of the provision of law, the appeal is not maintainable and hence the Appellants seek the leave of this Honourable Court to withdraw the appeal and this Honourable Court may grant liberty to the Appellants to file appropriate legal proceeding by excluding the time spent in the above appeal before this Honourable Court in the interest of justice and equity.” - 4 - NC: 2025:KHC:10245-DB COMAP No. 111 of 2023 2. In view of the above, the appeal is dismissed as withdrawn. 3. Liberty is granted to the appellants to seek such remedy, as available in accordance with law. 4. Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 6