- 1 - HC-KAR NC: 2025:KHC:23317-DB COMAP No. 168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 168 OF 2025 BETWEEN: M/S SURESH ARTS PRIVATE LIMITED REGD. OFF: NO.66, 1ST MAIN ROAD, BALAJI NAGAR, MYLASANDRA, NEAR GLOBAL VILLAGE, I T TECH PART, MYSURU ROAD, BENGALURU - 560 059. REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. K A SURESH, AGED ABOUT 50 YEARS. ALSO AT: M/S SURESH ARTS NO.245, 5TH MAIN, 10TH CROSS, NCEF LAYOUT, NAGARABHAVI, BENGALURU - 560 072. …APPELLANT (BY MR. MANJUNATH K S., ADVOCATE) AND: 1. M/S UNI-FI-MEDIA REGD. PARTNERSHIP FIRM, REGD. OFFICE NO.81, MADHU ART STUDIO, (ABBAIAH NAIDU STUDIO) CHIKKALSANDRA, UTTARHALLI, BENGALURU - 560 061. BY ITS PARTNERS: Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23317-DB COMAP No. 168 of 2025 2. MR. UDAY RAVI HEGDE S/O SRI. SHIVARAM HEGDE PARTNER: M/S UNI-FI-MEDIA 3. SMT. CHANDRIKA HEGDE, D/O SRI GAJANANA HEGDE, PARTNER: M/S UNI-FI-MEDIA, RESPONDENT NO.2 AND 3 BOTH RESIDING AT NO.210, 1ST FLOOR, 8TH CROSS, WINNFIELD GARDEN, SHIVANARAMAKARANTH NAGAR, BENGALURU NORTH, BENGALURU - 560 077. RESPONDENT NO.1 TO 3 REPRESENTED BY ITS GPA HOLDER, MR. RAMAMURTHY NN. …RESPONDENTS THIS COMAP / COMMERCIAL APPEAL IS UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLIII RULE 1(R) OF THE CODE OF CIVIL PROCEDURE,1908 PRAYING TO SET ASIDE THE ORDER DATED 13.09.2024 ON I.A.NO.5 IN COM. OS NO.1153/2023 ON THE FILE OF THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BENGALURU, HOLDING THAT THE CLAIM MADE BY THE RESPONDENT/ PLAINTIFF IS UNJUST, NOT SUPPORTED WITH ANY MATERIALS EITHER BY WAY OF AGREEMENT, WORK ORDER, TAX INVOICES RAISED ON ANY OCCASION FOR THE SAID UNJUST CLAIM. THIS APPEAL, COMING ON FOR ORDERS, 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 - 3 - HC-KAR NC: 2025:KHC:23317-DB COMAP No. 168 of 2025 ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) Learned counsel for the appellant states that since the appeal is not maintainable, he shall withdraw the appeal and seek such remedy as available in law. 2. He also states that the benefit of Section 14 of the Limitation Act be given to the appellant while pursuing the fresh remedy. The said benefit of Section 14 of the Limitation Act shall be available in accordance with law. 3. The Registry is directed to return the certified copies of the documents filed along with this writ appeal to the learned counsel for the appellant by replacing the same with the photo copies. 4. Pending IAs if any, shall stand disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SMC List No.: 1 Sl No.: 29