- 1 - NC: 2025:KHC:10474-DB COMAP No. 141 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH 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. 141 OF 2023 BETWEEN: 1. M/S TEFILAH INFRASTRUCTURE PVT. LTD., HAVING ITS REGISTERED OFFICE AT:23/5, REST HOUSE ROAD, OFF CHURCH STREET, BENGALURU -560 001. 2. SIDDHARTHA GUPTA, MANAGING DIRECTOR, M/S TEFILAH INFRASTRUCTURE PVT. LTD., 23/5, REST HOUSE ROAD, OFF CHURCH STREET BENGALURU -560 001. 3. ANTONY GEORGE SANTHOSH, DIRECTOR, M/S TEFILAH INFRASTRUCTURE PVT. LTD., 23/5, REST HOUSE ROAD, OFF CHURCH STREET, BENGALURU-560 001. …APPELLANTS (BY SRI. YASHIR ALI, ADVOCATE) AND: MR BALWINDER SINGH BAGARY, S/O MR KRIPAL SINGH, R/AT BAUHINIA, BURTONS WAY, CHALFONT ST. GILES, BUCKINGHAMSHIRE, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10474-DB COMAP No. 141 of 2023 HP8 4BP, ENGLAND REP. BY HIS SPA HOLDER- RAJEEV GHADI, R/AT 1103-1104, THE BAYA PARK, DR. SENAPATI MARG, DADAR WEST, MUMBAI-400 028. …RESPONDENT (BY SRI. SHRISHAIL SHIVABASAPPA NAVALGUND, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURT ACT, 2015 R/W ORDER XLIII RULE 1 (A) OF THE CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 28.03.2023 PASSED BY THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND DESIGNATED COMMERCIAL COURT ,(CCH-84) DISMISSING I.A. NO. 03 FILED BY THE APPELLANTS HEREIN/DEFENDANTS THEREIN UNDER ORDER VII RULE 10 AND SECTION 16 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W SECTION 2 (1) (C) (VII) AND SECTION 6 OF THE COMMERCIAL COURTS ACT 2015, IN COM.O.S. NO. 787/2022, AND INSTEAD ALLOW THE SAID I.A.NO.3 AND ORDER TO RETURN THE PLAINT FOR PRESENTATION BEFORE COMPETENT CIVIL COURT HAVING JURISDICTION, AND GRANT SUCH OTHER JUST AND EQUITABLE RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS OF THE CASE. 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:10474-DB COMAP No. 141 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellants states that, as this appeal is not maintainable, he shall withdraw the appeal and seek such remedy as available in law. 2. He also states that, the interim order granted on 21.04.2023 be extended till such time, the appellants seek the remedy before an appropriate Court, within twenty days hereinafter. 3. This submission is agreeable to the learned counsel for the respondent. 4. If that be so, the appeal is dismissed as withdrawn by taking the submission made by the counsel for the respondent that, the benefit of the interim order dated 21.04.2023 shall enure to the appellants for the next twenty days from today. 5. Learned counsel for the appellants states that, the petition to be filed by the appellants shall be served in advance on the learned counsel for the respondent. The submission is taken on record. - 4 - NC: 2025:KHC:10474-DB COMAP No. 141 of 2023 6. Pending I.A.No.1/2024 do not survive for consideration and stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 19