- 1 - HC-KAR NC: 2025:KHC:42981-DB COMAP No. 384 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.384 OF 2024 BETWEEN: 1. SMT. SARADHA PALANISWAMY AGED ABOUT 77 YEARS WIFE OF LATE P.S. PLALANISWAMY RESIDING AT DOOR NO.589, TRUNK ROAD, RANGASAMUTHIRAM, SATHYAMANGALAM. ERODE, TAMIL NADU 638 402. 2. SMT. SHANTHI THANGAVELU AGED ABOUT 61 YEARS, WIFE OF SRI THANGAVELU 3. SRI L P THANGAVELU AGED ABOUT 71 YEARS, SONOF LATE P PERICHI GOUNDER 4. SRI ASHWIN THANGAVELU AGED ABOUT 37 YEARS, SON OF SRI L P THANGAVELU 5. SMT. T SWETHA AGED ABOUT 36 YEARS, DAUGHTER OF SRI L P THANGAVELU Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42981-DB COMAP No. 384 of 2024 6. SRI AKSHAY THANGAVELU AGED ABOUT 28 YEARS, SON OF SRI L P THANGAVELU APPELLANTS 2 TO 6 ARE RESIDING AT OLD NO.705B, NEW NO 989, AVANASI ROAD, COIMBATORE CENTRAL, COIMBATORE, TAMIL NADU 641 018. …APPELLANTS (BY SRI. VIVEK HOLLA, ADVOCATE) AND: SRI. ANILKUMAR C AGED ABOUT 67 YEARS, SON OF LATE CHOKELAL, RESIDING AT DOOR NO.3083, 2ND MAIN, PARAMAHAMSA ROAD, YADAVAGIRI, MYSORE-570 020. …RESPONDENT (BY SRI. MANMOHAN P. N., ADVOCATE) THIS APPEAL IS FILED UNDER SECTION UNDER SECTION 13 (1) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO A) SET ASIDE THE EX-PARTE ORDER DATED 02.09.2024, PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, (DESIGNATED COMMERCIAL COURT) MYSORE ON IA NO.2 IN COM. O.S. NO. 249/2024, AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42981-DB COMAP No. 384 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) The learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellants have filed the above appeal seeking an order to set aside the ex parte order dated 02.09.2024, passed by the Court of II Addl. District and Sessions Judge, (Designated Commercial Court) Mysore on IA No.2 in Com.OS.No.249/2024. During the pendency of the present proceedings, the parties have amicably settled the dispute based on a memorandum of compromise. As per the compromise, the appellants are entitled to seek refund of the deposit made to which the respondent has agreed not to object. The appellants submit that vide order dated 04.10.2024 passed by this Hon'ble Court, the appellants herewith deposited a sum of Rs.5,00,00,000/- (Five Crores Only) before this Hon'ble Court vide the following demand drafts: 1. A sum of Rs.1,00,00,000/- vide demand draft dated 14.10.2024 bearing number '210480' drawn at Indian Bank; 2. A sum of Rs.1,00,00,000/- vide demand draft dated 14.10.2024 bearing number '210481' drawn at Indian Bank; 3. A sum of Rs.1,00,00,000/- vide demand draft dated 14.10.2024 bearing number '210482' drawn at Indian Bank; - 4 - HC-KAR NC: 2025:KHC:42981-DB COMAP No. 384 of 2024 4. A sum of Rs.1,00,00,000/- vide demand draft dated 14.10.2024 bearing number '210483' drawn at Indian Bank; and 5. A sum of Rs.1,00,00,000/- vide demand draft dated 14.10.2024 bearing number '210484' drawn at Indian Bank; The appellants pray that the in light of the said settlement, the said sum of Rs.5,00,00,000/- (Five Crores Only) deposited before this Hon'ble Court may be returned along with its interest in favour of the 2nd Appellant herein." 2. In view of the memo, the appeal is dismissed as withdrawn. 3. Registry is directed to refund the amount in deposit along with interest accrued if any in favour of appellant No.2 on proper identification through digitally. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 27