- 1 - HC-KAR NC: 2025:KHC:39127-DB COMAP No. 207 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 207 OF 2023 BETWEEN: M/S. BRITANNIA INDUSTRIES LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1913, HAVING ITS REGISTERED OFFICE AT: 5/1-A, HUNGERFORD STREET, KOLKATA-700 017 AND ITS EXECUTIVE OFFICE AT PRESTIGE SHANTINIKETHAN THE BUSINESS PRECINCT TOWER C, 16TH AND 17TH FLOORS WHITEFILED MAIN ROAD MAHADEVAPURA POST BENGALURU-560 048 REPRSENTED HEREIN BY ITS MANAGER-LEGAL AND AUTHROIZED POWER OF ATTORNEY HOLDER MR. TAHIR NIZAMI. …APPELLANT (BY SRI. YASHIR ALI, ADV.) AND: 1. M/S. SETHI AGENCIES A SOLE PROPRIETARY CONCERN REP. BY ITS PROPRIETRIX MRS. ANJU SETHI W/O MR. ANIL SETHI MAJOR, HAVING ITS REGSITRED OFFICE Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39127-DB COMAP No. 207 of 2023 AT F 93, 2ND FLOOR, RAJOURI GARDEN NEW DELHI-110 027 2. MR. ANIL SETHI SUB AGENT/SUBSTITUTE AGENT M/S. SETHI AGENCIES S/O LATE MR. MOHINDER PAL SETHI MAJOR R.AT F 93, 2ND FLOOR RAJOURI GARDEN NEW DELHI - 110 027. …RESPONDENTS (BY SRI. GOUTHAM PANJWANI, ADV.,) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE COMMON ORDER DATED 22.05.2023 PASSED BY THE LEARNED LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND DESIGNATED COMMERCIAL COURT, (CCH-90) DISMISSING I.A. Nos.2 AND 3, BOTH FILED BY THE APPELLANT HEREIN/PLAINTIFF THEREIN UNDER ORDER XXXIX RULE 1(B) OF THE CODE OF CIVIL PROCEDURE, 1908 IN COM.O.S. No.400/2019 AND CONSEQUENTLY ALLOW THE SAID I.A. Nos.2 AND 3 AND DISMISS I.A. No.4 FILED BY THE DEFENDANTS No.1 AND 2/RESPONDENTS No.1 AND 2 UNDER ORDER XXXIX RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908, AND GRANT SUCH OTHER JUST AND EQUITABLE RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS OF THE CASE AND IN THE INTERESTS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:39127-DB COMAP No. 207 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant has filed a memo stating that the matter has been amicably settled between the parties and the petition may be dismissed as withdrawn. 2. Memo is accepted. 3. Recording the memo, appeal is dismissed as withdrawn. In view of disposal of the appeal, the interim order granted on 06.06.2023 shall stand vacated. All pending applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 31