- 1 - HC-KAR NC: 2025:KHC:19104-DB COMAP No. 184 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 184 OF 2023 BETWEEN: 1. M/S FUSION INDUSTRIES LTD. A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT NO 2-E, 1ST PHASE, SOMPURA, DOBASPET NELAMANGALA, BENGALURU 562111 REP BY ITS MANAGING DIRECTOR TRILOK CHAND CHANDANA 2. MR TRILOK CHAND CHANDANA MANAGING DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO 3E/32A, BP M/S NITESH ESTATES LTD, FARIDABAD 1210 01 HARYANA 3. MR YUNIK CHANDANA DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO 3E/32A, BP M/S NITESH ESTATES LTD, FARIDABAD 121001 HARYANA 4. MR KARAN CHANDANA DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO 3E/32A, BP M/S NITESH ESTATES LTD, FARIDABAD 121 001 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19104-DB COMAP No. 184 of 2023 HARYANA 5. MR ASHISH AHUJA DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO 1K/35A, NIT FARIDABAD 121001 HARYANA 6. MR JAGANNATH CHAWLA DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO H-1/56-57, GROUND FLOOR, SECTOR-11, ROHINI DELHI 110085 7. MS VEENA MITRA DIRECTOR OF M/S FUSION INDUSTRIES LTD HOUSE NO 2258, SECTOR 9, FARIDABAD 121001 HARYANA …APPELLANTS (BY SRI. VISWANATH SABARAD, ADVOCATE) AND: M/S. CHAKRAPANI VYPAR PVT. LTD., A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING IT'S REGISTERED OFFICE AT NO 37/12-1 FIRST FLOOR ARCHANA COMPLEX 4TH CROSS, LALBAGH ROAD BENGALURU 27 REP BY ITS DIRECTOR MR ALOK SETHIA …RESPONDENT (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:19104-DB COMAP No. 184 of 2023 THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO ISSUE NOTICE, CALL FOR RECORDS, HEAR THE PARTIES SET-ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 29/03/2023 IN COM.O.S. NO. 724/2022, ON THE FILE OF LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (COMMERCIAL COURT) (CCH-86) AND ALLOW THE APPEAL AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) The parties along with their respective counsels are present before the Court today. 2. It is submitted by the learned counsel appearing on either side that matter has been settled between the parties out of the Court. The parties have also filed a memo along with settlement agreement. It is prayed that the appeal may be allowed in terms of the settlement and the Court fee may be refunded. 3. The minutes of meeting of the Board of Directors of appellant No.1- Company is also produced along with the - 4 - HC-KAR NC: 2025:KHC:19104-DB COMAP No. 184 of 2023 compromise petition. Memo is taken on record. The settlement entered into between the parties is recorded. 4. Accordingly, appeal is disposed of in terms of the settlement entered into between the parties as is evidenced by the application. Decree shall be drawn up accordingly. The Court fee shall be refunded as applicable. The amount deposited by the appellant shall be duly released in favour of the respondent- Company in terms of the agreement. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 44