- 1 - NC: 2025:KHC:17867-DB COMAP No. 243 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO.243 OF 2024 (AA) BETWEEN: M/S. N. D. DEVELOPERS PVT. LTD. A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.398, 2ND FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BANGALORE – 560 076. REPTD. BY ITS MANAGING DIRECTOR MR. M.K.K. DURANI …APPELLANT (BY SRI. CHOKKA REDDY AND SRI. P. CHINNAPPA, ADVOCATES) AND: 1. M/S. MONDO BUILDERS PVT. LTD. (A GROUP COMPANY OF KONCEPT AMBIENCE GROUP) A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT GPR TOWERS-6, PARK ROAD, TASKER TOWN, BENGALURU - 51. REPTD. BY ITS DIRECTOR MR. M.P. AGARWAL 2. THE BANK MANAGER HDFC BANK, BTM LAYOUT BRANCH, BENGALURU - 68. …RESPONDENTS (BY SRI. KASHYAP N NAIK, ADVOCATE FOR R1) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:17867-DB COMAP No. 243 of 2024 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF COMMERCIAL COURT ACT 2015, PRAYING TO CALL FOR RECORDS IN COM. A.A. 8/2023 DATED 25.03.2024 PASSED BY 10TH ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURTS), BANGALORE RURAL DISTRICT, BANGALORE AND SET ASIDE THE ORDER OF THE TRIAL COURT, BY ALLOWING THE APPEAL 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 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The learned counsel for the appellant has drawn our attention to the memo dated 24.04.2025, to withdraw this appeal as not pressed, since COMAP No.164/2024 is pending against the same impugned order. The memo is taken on record. The appeal is dismissed as not pressed. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE KGR*/List No.: 1 Sl No.: 21