- 1 - NC: 2025:KHC:10153-DB COMAP No. 341 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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. 341 OF 2022 BETWEEN: S. JAGADEESH KUMAR, AGED ABOUT 62 YEARS, S/O LATE K SUBBANNA, NO. 778, 10TH MAIN ROAD, INDIRANAGAR, 2ND STAGE, BANGALORE-560 038. …APPELLANT (BY MISS. KRISHIKA VAISHNAV, ADVOCATE FOR SRI. A. MAHESH CHOWDHRY, ADVOCATE) AND: M/S. EMBASSY HEIGHTS UNIT OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT MAGRATH ROAD, CORPORATION DIVISION NO.61, BANGALORE 560 025, REPRESENTED BY ITS PRESIDENT, MR. JAIKISHEN VIRWANI. …RESPONDENT (BY SRI. VARUN SAI .Y, ADVOCATE FOR SRI. A. RAVISHANKAR, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED 17/08/2022 IN I.A.NO.5/2022 VIDE ANNEXURE- Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10153-DB COMAP No. 341 of 2022 A PASSED BY THE HON’BLE LXXXVI ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-87) IN COMM.O.S.NO.533/2022 AND ETC. THIS APPEAL COMING ON FOR ADMISSION 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 affidavit for settlement filed by the appellant, wherein paragraph No. 6, the following is stated:" “I state that, on 30.09.2024 an amount of Rs.36,63,165.00/- and on 08.08.2024 an amount of Rs.50,00,047.20/- mentioned in the letter has been transferred to the bank account of the Respondent. A copy of the bank statement showing the credit has been enclosed as Document No.2 for the kind perusal of this Hon’ble Court.” 2. Learned counsel for the respondent acknowledges receipt of the affidavit and also its contents. He states that, - 3 - NC: 2025:KHC:10153-DB COMAP No. 341 of 2022 the amount of Rs.86,63,165/- has been received by the respondent. 3. In view of the affidavit and receipt of the money, the appeal is disposed of as settled. 4. Pending I.A.No.2/2022 for vacating the interim order 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