- 1 - NC: 2025:KHC:18123-DB COMAP No. 376 of 2022 C/W COMAP No. 375 of 2022 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.376 OF 2022 C/W COMMERCIAL APPEAL NO.375 OF 2022 IN COMAP No.376/2022 BETWEEN: 1. D.D.EYE INSTITUTE @ DEE D EYE INSTITUTE A PROPRIETARY CONCERN AT NO.631, CAD CIRCLE DADABARI MAIN ROAD KOTA, RAJASTHAN – 324 009 INDIA REPRESENTED BY PROPRIETOR DR D D VERMA 2. D D NETRA SEVA FOUNDATION @ DEE - DEE NETRA SEVA FOUNDATION KOTA BYPASS, BARA ROAD NAYA NOHRA, KOTA RAJASTHAN – 325 201 INDIA REPRESENTED BY ITS PRESIDENT/ MANAGING TRUSTEE DR D D VERMA 3. DR D D VERMA AGED ABOUT 61 YEARS S/O MR BHAKTAWAR LAL Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:18123-DB COMAP No. 376 of 2022 C/W COMAP No. 375 of 2022 #631, DD EYE INSTITUTE CAD CIRCLE, DADABARI MAIN ROAD KOTA, RAJASTHAN – 324 009 INDIA …APPELLANTS (BY SRI. ASHWIN R ANNEPPANAVAR, ADVOCATE) AND: ALCON LABORATORIES (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, CRESCENT – 4, PRESTIGE SHANTINIKETAN WHITEFIELD, BENGALURU KARNATAKA – 560 048 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. OMKAR GAYATRI …RESPONDENT (BY SRI. MANEESHA KANGOVI, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 11.07.2022 PASSED BY THE HON’BLE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) IN COM.O.S.NO.1352/2018 PRODUCED AT ANNEXURE-A ON IA NO.3 AND CONSEQUENTLY ALLOW THE APPLICATION DATED 07.11.2018 – IA NO.3 FILED BY THE DEFENDANTS/APPELLANTS UNDER ORDER VII RULE 11 (A) & (D) R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRODUCED AT ANNEXURE-C, ETC IN COMAP NO.375/2022 BETWEEN: 1. D.D.EYE INSTITUTE @ DEE D EYE INSTITUTE A PROPRIETARY CONCERN AT 631, CAD CIRCLE DADABARI MAIN ROAD, - 3 - NC: 2025:KHC:18123-DB COMAP No. 376 of 2022 C/W COMAP No. 375 of 2022 KOTA, RAJASTHAN – 324 009 INDIA REPRESENTED BY PROPRIETOR DR. D.D VERMA 2. D.D. NETRA SEVA FOUNDATION @ DEE-DEE NETRA SEVA FOUNDATION KOTA BYPASS BARA ROAD, NAYA NOHRA, KOTA, RAJASTHAN – 325 201 INDIA REPRESENTED BY ITS PRESIDENT/MANAGING TRUSTEE DR. D.D. VERMA 3. DR. D.D. VERMA AGED ABOUT 61 YEARS S/O MR. BHAKTAWAR LAL 631, DD EYE INSTITUTE CAD CIRCLE DADABARI MAIN ROAD, KOTA, RAJASTHAN - 324 009 INDIA ...APPELLANTS (BY SRI. ASHWIN R ANNEPPANAVAR, ADVOCATE) AND: 1. ALCON LABORATORIES (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, CRESCENT - 4 PRESTIGE SHANTINIKETAN WHITEFIELD, BENGALURU KARNATAKA 560048 REPRESENTED BYI TS AUTHORISED REPRESENTATIVE MR. OMKAR GAYATRI ...RESPONDENT - 4 - NC: 2025:KHC:18123-DB COMAP No. 376 of 2022 C/W COMAP No. 375 of 2022 (BY SRI. TANISHA SUNIL KUMAR, ADVOCATE AND SRI. R CHINNAPPA, ADVOCATE) THIS COMAP UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 11/07/2022 PASSED BY THE HONBLE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) IN COM.O.S.NO.1352/2018 PRODUCED AT ANNEXURE-A ON I.A.NO.2 AND CONSEQUENTLY ALLOW THE APPLICATION DATED 07.11.2018 IA NO.2 FILED BY THE DEFENDANTS/APPELLANTS UNDER ORDER VII RULE 10 REFERRED WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRODUCED AT ANNEXURE-C, ETC THESE APPEALS 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 appellants in both the appeals has filed a memo for withdrawal of the appeals, which reads as under: The Appellants above named may kindly be permitted to withdraw the present appeal as the impugned order dated 11.07.2022 passed by the Ld LXXXIX Addl. City Civil and Sessions Judge, Bengaluru, in Com.O.S.No.1352/2018 is challenged - 5 - NC: 2025:KHC:18123-DB COMAP No. 376 of 2022 C/W COMAP No. 375 of 2022 under Section 13 of the Commercial Court Act, which is not appealable, with liberty to file appropriate petition to challenge the impugned order before this Hon’ble Court in the interest of justice and equity.” 2. Appeals are dismissed as withdrawn, with liberty to initiate appropriate proceedings challenging the impugned order(s), in accordance with law. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 40