- 1 - NC: 2025:KHC:11264-DB COMAP No. 200 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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. 200 OF 2021 BETWEEN: SRI.MANU.N, S/O M.NAGARAJ, AGED ABOUT 36 YEARS, R/AT NO.151/10, RUSTUMJIVILLAS, WHITEFIELD, BANGALORE-560 066. …APPELLANT (BY MS. SHUHAIBA K.S., ADVOCATE FOR SRI./SMT. LAKSHA KALLAPPA.B, ADVOCATE) AND: 1. M/S. QWIK SUPPLY CHAIN PRIVATE LIMITED, (FORMERLY M/S. FINE TECH CORPORATION PRIVATE LIMITED), HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, COURT HOUSE, LOKMANYA TILAK MARG, DHOBI TALAO, MUMBAI, MAHARASHTRA-400 002. REP. BY ITS MANAGING DIRECTOR, HAVING ITS BRANCH OFFICE AT Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11264-DB COMAP No. 200 of 2021 NO.62/2, RICHMOND ROAD, BANGALORE-560 025. 2. SRI.V.PRASAD, S/O LATE SRI.Y.VENKATAPPA, AGED ABOUT 42 YEARS, 3. KUM. DIVYA, D/O SRI.V.PRASAD AGED ABOUT 14 YEARS, MINOR, REP BY HIS NATURAL GUARDIAN SRI.V.PRASAD, 4. KUM.GNANA, D/O SRI.V.PRASAD, AGED ABOUT 12 YEARS, MINOR, REP BY HIS NATURAL GUARDIAN SRI.V.PRASAD, 5. MASTER HEMADRI, S/O SRI.V.PRASAD, AGED ABOUT 2 YEARS, MINOR, REP BY HIS NATURAL GUARDIAN SRI.V.PRASAD, RESPONDENTS NO.2 TO 5 ARE R/AT GIDAPPANAHALLI, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562 129. …RESPONDENTS [BY SRI. MANU PRABHAKAR KULKARNI., ADVOCATE FOR R1, SRI. C.S.VINOD, ADVOCATE FOR C/R2 AND SRI. K.SEENAPPA, ADVOCATE FOR R3 TO R5 (VK NOT FILED)] - 3 - NC: 2025:KHC:11264-DB COMAP No. 200 of 2021 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 104 AND ORDER XLIII RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO (A) ALLOW THIS APPEAL, (B) SET ASIDE THE ORDER DATED 13.09.2021 PRODUCED IN ANNEXURE-A AND ALLOW I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 IN COMM.O.S.NO.988/2021 PENDING BEFORE THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU (COMMERICAL COURT), IN THE INTEREST OF JUSTICE AND EQUITY. 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) Learned counsel for the respondent state that, the suit in which the impugned order has been passed is being heard finally by the Trial Court. 2. Learned counsel for the appellant, conceding to the said fact, states that since the suit is at the final stage, she shall withdraw the appeal. - 4 - NC: 2025:KHC:11264-DB COMAP No. 200 of 2021 3. The appeal and IA No.1/2024 are dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE PA CT:BKH List No.: 1 Sl No.: 18