- 1 - HC-KAR NC: 2025:KHC:41427-DB COMAP No. 188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 188 OF 2025 BETWEEN: SIVAGAMI. N AGED ABOUT 47 YEARS, WIFE OF LATE ANUP KUMAR DEY RESIDING AT NO.39/2, AISHWARYA, 3RD CROSS, DEVASANDRA, K.R PURAM, BANGALORE-560036 ALSO AT NO.788, 3RD FLOOR, 3RD MAIN ROAD, BHOOMI REDDY COLONY, GEETHANAJALI LAYOUT, THIPPASANDRA, BANGALORE-560075 …APPELLANT (BY MS. P NISHANTHINI, ADVOCATE FOR SRI. MANIAN K B S.,ADVOCATE) AND: 1. M/S. VINAYAKA TRAVELS A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT 872/E, GROUND FLOOR, ROAD TO Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41427-DB COMAP No. 188 of 2025 MICHAELPALYA, NEAR SAPNA BOOK HOUSE, HAL III STAGE. BANGALORE -560075 2. R. VIJAY KUMAR SON OF LATE RATHINAM CHETTIAR. AGED ABOUT 66 YEARS. RESIDING AT NO. 153, SHREE GANESH VILLA. 4TH C CROSS, KASTURINAGAR, BANGALORE-560043. 3. D.S.P REDDY SON OF LATE SHRI D.D REDDY. AGED ABOUT 64 YEARS. RESIDING AT NO.2780, 18TH A MAIN ROAD, HAL II STAGE, BANGALORE-560008 4. SHRI. ANISH DEY SON OF LATE ANUP KUMAR DEY RESIDING AT NO.002, SAI TRANQUIL APARTMENT. NO.414, 4TH C MAIN, OMBR LAYOUT, BANASWADI, BANGALORE-560043. 5. CHAITHANYA PROJECTS PVT. LTD. NO.104, 3RD FLOOR, PRESTIGE OMEGA, EPIP ZONE, WHITEFIELD, BANGALORE-560066, REPRESENTED BY ITS MANAGING DIRECTOR, MR. GURUPRASAD 6. KOTAK MAHINDRA BANK LIMITED 22, TRINITY CIRCLE, M.G ROAD, BANGALORE-560001 REPRESENTED BY ITS - 3 - HC-KAR NC: 2025:KHC:41427-DB COMAP No. 188 of 2025 BRANCH MANAGER …RESPONDENTS (BY SRI. VACHAN H U, ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE FOR C/R1 TO R3) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE ORDER ON I.A. NO.18 DATED 19.10.2024 PASSED BY THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-86) IN COM.O.SNO.64/2022 (ANNEXURE H) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellant submits that the present appeal may be dismissed as not pressed. The appellant also seeks liberty to file a writ petition. 2. We are unable to grant any liberty. However, we clarify that the withdrawal of the present appeal would not preclude the appellant from availing any other remedy, if otherwise available in law. - 4 - HC-KAR NC: 2025:KHC:41427-DB COMAP No. 188 of 2025 3. The present appeal is dismissed as not pressed with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 1