- 1 - NC: 2025:KHC:10246-DB COMAP No. 120 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. 120 OF 2023 BETWEEN: 1. M/S. KHODAYS TRENDS, NO. 28, SHREE GAURI KUNJ, GROUND FLOOR, PALACE CROSS ROAD, BENGALURU-560 020, REPRESENTED BY ITS PROPRIETRIX, SMT. ERICA MADHUSUDAN KHODAY. 2. SMT. ERICA MADHUSUDAN KHODAY, W/O. MADHUSUDAN KHODAY, AGED ABOUT 52 YEARS, NO. 28. SHREE GAURI KUNJ, R/AT GROUND FLOOR, PALACE CROSS ROAD, BENGALURU-560 020. …APPELLANTS (BY SRI. AMIT ANAND DESHPANDE, ADVOCATE) AND: 1. M/S. S. P. EXIMS, NO. 23, 3RD MAIN ROAD, 5TH BLOCK, KUMARA PARK WEST, BENGALURU-560 020, REPRESENTED BY ITS PROPRIETRIX, MRS. POORNIMA SURESH. Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:10246-DB COMAP No. 120 of 2023 2. MRS. POORNIMA SURESH, W/O. MR. SURESH, AGED ABOUT 47 YEARS, NO. 23, 3RD MAIN ROAD, 5TH BLOCK, KUMARA PARK WEST, BENGALURU-560 020. 3. MR. SURESH, S/O. MR. SATYANARAYAN, AGED ABOUT 51 YEARS, NO.23, 3RD MAIN ROAD, 5TH BLOCK, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04/03/2023 PASSED BY THE LEARNED LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-86) IN COM.O.S.NO.200/2021 ON I.A.FILED BY PLAINTIFF U/O XXXVIII RULE 5 R/W SECTION 151 OF CPC VIDE ANNEXURE-J AND CONSEQUENTLY TO ALLOW I.A. FILED BY PLAINTIFF U/O XXXVIII RULE 5 R/W SECTION 151 OF CPC IN COM.O.S.NO.200/2021 AS PRAYED FOR VIDE ANNEXURE-F AND ETC. THIS APPEAL COMING ON FOR ADMISSION 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:10246-DB COMAP No. 120 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 advocate for appellant respectfully submits to withdraw the above appeal with liberty to file fresh writ petition filed before this Hon’ble Court kindly same may be considered in the interest of justice and equity.” 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 In view of the above, the appeal is dismissed as withdrawn. 3.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.: 7