- 1 - NC: 2025:KHC:6389-DB COMAP No. 294 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 294 OF 2022 BETWEEN: 1. SRI.Y.K.LOKESH AGED ABOUT 48 YEARS, S/O.Y.M.KRISHNAMURTHY, RESIDING AT NO.513, BEHIND GOVERNMENT HOSPITAL, MUNESHWARA NAGAR, BENGALURU-560 091. 2. SRI.Y.M.KRISHNAMURTHY, AGED ABOUT 66 YEARS, S/O.B.MUNISHAMAPPA, RESIDING AT BYRAVESHWARA NILAYA, 1ST MAIN, 1ST CROSS, BEHIND GOVERNMENT HOSPITAL, MUNESHWARA NAGAR, BENGALURU-560 091. …APPELLANTS (BY SRI. ROOPESH N.R., ADVOCATE) Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6389-DB COMAP No. 294 of 2022 AND: 1. AASHRITHA NIDHI LIMITED, NO.515, SLV KUTEERAM, 10TH CROSS, PADMANABHANAGAR, BENGALURU-560 070, REPRESENTED BY ITS MANAGER, SMT.NAGARATNA S. KUNDAGOLAMATH. 2. SRI.VASANTH KUMAR.H.G, AGED ABOUT 49 YEARS, S/O. LATE N.GOPALA KRISHNA, RESIDING AT NO.23/1, HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK-560 105, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT.GOWHAR UNNISA FOR ADVOCATE FOR R1 NOTICE TO R2 IS SERVED) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, PRAYING TO (A) CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND DECREE DATED 26/11/2021 IN COM.O.S.NO.355/2020 PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) AT BENGALURU CITY (CCH- 88), CONSEQUENTLY PERMIT THE APPELLANTS/DEFENDANTS TO FILE WRITTEN STATEMENT AND TO CONTEST SUIT ON MERITS IN ACCORDANCE WITH LAW BEFORE TRIAL COURT IN COM.O.S.355/2020 ON THE FILE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) AT BENGALURU CITY (CCH-88), ETC. THIS APPEAL COMING ON FOR ORDERS ALONG WITH IA NO.1/2023 FOR WITHDRAWAL OF THE AMOUNT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:6389-DB COMAP No. 294 of 2022 CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) None for the appellants. Even there was no appearance for the appellants on the last date of hearing. The appeal is dismissed in default and for non- prosecution. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE KGR* List No.: 1 Sl No.: 26