- 1 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 303 OF 2023(GM-CPC) BETWEEN: 1. SRI. B H NARAYANASWAMY, S/O LATE SRI. HANUMEGOWDA, AGED ABOUT 75 YEARS, 2. SMT. RUKMINIYAMMA, W/O B.H.NAYARANASWAMY, AGED ABOUT 65 YEARS, 3. DR. B.N. PAVITHRA, W/O MAHESH RAJ GOPAL, D/O B.H. NARAYANASWAMY, AGED ABOUT 54 YEARS, 4. SRI. B.N. PRAVEEN, S/O B.H. NARAYANASWAMY, AGED ABOUT 46 YEARS, 5. SRI. B.N. RAKESH, S/O B.H. NARAYANASWAMY, AGED ABOUT 39 YEARS, ALL RESIDING AT NO.566, 7TH MAIN, ‘A’ SECTOR, YELAHANKA NEW TOWN, BENGALURU-560 024. …APPELLANTS (BY SRI. RAKESH T.S., ADVOCATE FOR SRI. AJITH .A SHETTY, ADVOCATE) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 AND: 1. M/S VIKRAM STRUCTURES PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT. NO.22, 5TH 'A' MAIN, NEAR BAPTIST HOSPITAL, BEHIND ROYAL SENATE HOTEL, HEBBAL, BENGALURU-560 024, REPRESENTED BY ITS MANAGING DIRECTOR VIKRAMPRABHAKAR. 2. VIKRAMPRABHAKAR, MANAGING DIRECTOR, M/S. VIKARAM STRUCTURES PVT. LTD., S/O MR. PRABHAKAR, AGED ABOUT 43 YEARS, NO.22, 5TH 'A' MAIN, NEAR BAPTIST HOSPITAL, BEHIND ROYAL SENATE HOTEL, HEBBAL, BENGALURU-560 024. 3. MANJUNATHRAVINDRA, DIRECTOR, M/S. VIKRAM STRUCTURES PVT. LTD., S/O LATE B.S RAVINDRA AGED ABOUT 42 YEARS, NO.22, 5TH 'A' MAIN, NEAR BAPTIST HOSPITAL, BEHIND ROYAL SENATE HOTEL, HEBBAL, BENGALURU-560 024. 4. MRS. AISHWARYA .B, DIRECTOR (FORMERLY), M/S VIKRAM STRUCTURES PVT. LTD., W/O VIKRAMPRABHAKAR, AGED ABOUT 33 YEARS, NO 22, 5TH ‘A’ MAIN, NEAR BAPTIST HOSPITAL, BEHIND ROYAL SENATE HOTEL, - 3 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 HEBBAL, BENGALURU-560 024. 5. NAVEEN PURUSHOTHAM, VICE PRESIDENT- FINANCE, M/S VIKRAM STRUCTURE PVT. LTD., S/O M V PURUSHOTHAM, AGED ABOUT 40 YEARS, R/AT NO 27/1, M M CROSS, NANDI DURGA ROAD, JAYAMAHAL EXTENSION, BENSON TOWN, BANGALORE-560 046. 6. ADITYA REDDY, S/O G RAGHAVNEDRA REDDY, AGED ABOUT 24 YEARS, R/AT NO 459, 1ST MAIN, TRIVENI ROAD, K N EXTENSION, YESHWANTHPURA BENGALURU-560 022. 7. DR SURENDRA M C, S/O MR CHINNAPPA VENKATARAYAPPA, AGED ABOUT 46 YEARS, R/AT NO 28, VENKATESHWARA NILAYA, NEAR DEEPA HOSPITAL, K R PURAM, BANGALORE-560 036. 8. ASHA CHANNAKRISHNAPPA, W/O DR SURENDRA M C, AGED ABOUT 39 YEARS, RESIDING AT NO.28, VENKATESHWARA NILAYA, NEAR DEEPA HOSPITAL, K R PURAM, BANGALORE-560 036. 9. DR. ANOOP M, S/O MR MARLINGEGOWDA, AGED ABOUT 38 YEARS, R/AT NO 363,6TH MAIN, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, RAJANINAGAR, BANGALORE-560 086. - 4 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 10. MRS. NIMITHA L, W/O DR ANOOP M, AGED ABOUT 32 YEARS, R/AT NO 363, 6TH MAIN, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, RAJAJINAGAR, BANGALORE-560 086. 11. MRS M VIJAYA, W/O LATE R VENKAT REDDY, AGED ABOUT 52 YEARS, R/AT NO 36, 8TH MAIN ROAD, RMV SADASHIVANAGAR, BANGALORE-560 080. 12. DR. SHAIK MUNAVAR HUSSAIN, S/O LATE SHAIK A S BOKHARI, AGED ABOUT 61 YEARS, R/AT 45/199, BALAJINAGAR, CUDDAPAH, ANDHRA PRADESH-516 003. 13. MRS SHOBHALASKHSMI SUDARSHAN, W/O MR SUDARSHAN B HOLLA, AGED ABOUT 42 YEARS, R/AT ALDER, B403, GODREJ WOODSMAN ESTATE, KEMPAPURA HEBBAL, BANGALORE-560 024. 14. MR. RAVI KRISHNA SWAMY, S/O MR S KRISHNA SWAMY, AGED ABOUT 50 YEARS, R/AT A2-202, SRI PRAKRITHI APARTMENT, THINDLU MAIN ROAD, NEAR MORE MARKET, VIRUPAKSHAPURA, KODIGEHALLI, BANGALORE-560 097. 15. MR. MANISH KAMBDUR, S/O MR K C BASAVARAJU, AGED ABOUT 43 YEARS, - 5 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 R/AT NO 667, 12TH MAIN, 3RD BLOCK, NEAR ESI HOSPITAL, RAJAJINAGAR, BANGAORE-560 010. 16. MRS SRIVIDYA KARTHIK, W/O MR G KARTHIK, AGED ABOUT 41 YEARS, R/AT NO 150, K9, BLOCK2, PRIME TERRACE, APPASWAMY FLATS, LB ROAD, THRIVANMIYUR, CHENNAI-600 041. 17. MR. SAYAD ABDUL RAHIMAN, S/O LATE S MAHABOOB MIAH, AGED ABOUT 52 YEARS, R/AT NO 54/109-1, KAGITHALAPENTA, OPP. PANCHYATH OFFICE, CUDDAPAH, ANDHRA PRADESH-516 003. 18. MRS. VINUTHA RANJAN, W/O MR GUNAJARAN, AGED ABOUT 40 YEARS, R/AT NO 96/2, 7/A, NAVYA NAGAR, JAKKUR, BANGALORE NORTH, BANGALORE-560 064. 19. MR T CHANDRAMOWLY, S/O LATE T NARAYANA, AGED ABOUT 62 YEARS, R/AT NO 7, 3RD FLOOR, 1ST MAIN, WARD OFFICE ROAD, NGEF LAYOUT, SANJAYNAGAR, BANGLAORE-560 094. 20. SRI M P CHETAN, S/O M G PRAKASH, AGED ABOUT 43 YEARS, R/AT NO.8, CRESCENT ROAD, 1A, CRESCENT COURT APARTMENT, HIGH GROUNDS, BANGALORE-560 001. - 6 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 21. SRI M G PRAKASH, S/O LATE SRI M.S GURUPADASWAMY, AGED ABOUT 70 YEARS, R/AT NO.8, CRESCENT ROAD, 1A, CRESCENT COURT APARTMENT, HIGH GROUNDS, BANGALORE-560 001. 22. MRS TAHERA IQBAL, W/O MR. MAHMOOD IQBAL, AGED ABOUT 64 YEARS, RESIDING AT B2, REGENCY SPLENDOUR 25, HALL ROAD, RICHARDS TOWN, BANGALORE-560 005. 23. MR NOOR MAHAMMAD ABDUL SHERIEF, S/O MR. FAKHRUDDIN NOOR MAHAMMAD, AGED ABOUT 71 YEARS, RESIDING AT NO. 339, 5TH MAIN, 2ND CROSS, PIPE LINE ROAD, VIJAYANAGAR, BANGALORE-560 040. 24. MRS SAYEEDA NOOR MOHAMMAD, W/O MR. N. ABDUL SHERIEF, AGED ABOUT 64 YEARS, RESIDING AT NO. 339, 5TH MAIN, 2ND CROSS, PIPE LINE ROAD,VIJAYANAGAR, BANGALORE-560 040. 25. MR JUTURU NAGA VIJAYA KRISHNA, S/O MR. J. RAVINDRANATH, AGED ABOUT 34 YEARS, RESIDING AT NO. 22/196, VASANTHAPET, PRODDATUR, ANDHRA PRADESH-516 360. 26. MR MALEPATI SUBRAMANYAM, S/O LATE MR. MALEPATI VENKATA SUBBIAH, AGED ABOUT 60 YEARS, RESIDING AT FLAT NO.301, - 7 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 M.V.S RESIDENCY, Y.M.R. COLONY, PRODDATUR, ANDHRA PRADESH-516 360. 27. MR YARLAGADDA SRI VENKATA VARA PRASAD, REP BY GPA MR SURAPANENIRAMABABU, S/O MR.Y.N. KUTUMBA RAO, AGED ABOUT 41 YEARS, RESIDING AT NO. 101, PRAGATHI NILAYA,,NTR COLONY, NEAR NTR MEDICAL UNIVERSITY, VIJAYAWADA, ANDHRA PRADESH-500 208. 28. DR SUMAN SINGH, D/O. MR. U.S. SINGH, AGED ABOUT 47 YEARS, RESIDING AT NO.971, 7TH CROSS, 17TH MAIN, BTM LAYOUT-2ND STAGE, BANGALORE-560 076. 29. MR RAMA PRASAD S R, S/O MR. RAMAKRISHNA SETTY S.R AGED ABOUT 53 YEARS, RESIDING AT 408, 8TH ‘A’ MAIN ROAD, M.S. RAMAIAH CITY,8TH PHASE, JP NAGAR, BENGALURU- 560 076. 30. SMT SAVITA MALLIKARJUN KADI, W/O MR. CHANDRAKANTH G YATNATTI, AGED ABOUT 41 YEARS, REP. BY HER GPA HOLDER, MR. CHANDRAKANTH G YATNATTI, RESIDING AT NO. 1507, SW MADISON AVENUE, BENTONVELLE, AR 72713, UNITED STATES OF AMERICA. 31. MR SUNIL KUMAR MADANAPALLI, S/O MR. RAJANI KUMAR M, AGED ABOUT 36 YEARS, RESIDING AT NO.681, 2ND FLOOR, 3RD CROSS, 5TH MAIN, - 8 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 KULLAPPA CIRCLE,KAMMANAHALLI, BANGALORE-560 084. 32. MRS NAGAVENI ASWATHANARAYANA, W/O MR. ASHWATNARAYANA, AGED ABOUT 59 YEARS, RESIDING AT NO. 420/4, LAXMINIVAS,2ND CROSS, 9TH E MAIN,VIJAYANAGAR, BANGALORE-560 040. 33. MR B P ESHWAR SINGH, S/O MR. B.S. PUTHVIRAJ SINGH, AGED ABOUT 54 YEARS, RESIDING AT NO.1015#A, 5TH WARD, NEAR B.H TEMPLE, RANIPET, HOSPET, BELLARY-583 201. 34. MR RAMESHA A V, S/O LATE VISVESWARAIAH A. G, AGED ABOUT 46 YEARS, RESIDING AT NO. 14/6, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGAR, BANGALORE-560 040. 35. MRS. VINUTHA H S, W/O MR. RAMESHA A. V, AGED ABOUT 44 YEARS, RESIDING AT NO. 14/6, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGAR, BANGALORE – 560 040. 36. MRS SOWMYA J, W/O MR. VINAY U, AGED ABOUT 36 YEARS, RESIDING AT NO. 271/A, SUMUKHA, 2ND CROSS, 1ST MAIN, MARUTHI LAYOUT, DASARAHALLI, H.A FARM, BANGALORE-560 024. - 9 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 37. MR MANISH KAPOOR, S/O MR. JITENDRA NATH KAPOOR, AGED ABOUT 49 YEARS, RESIDING AT OBEROI EXQUISITE B2302, ABA KARMAKAR ROAD, BEHIND OBEROI MALL, GOREGAON EAST, MUMBAI, MAHARASHTRA-400 063. 38. MRS VANDANA KAPOOR, W/O MR. MANISH KAPOOR, AGED ABOUT 48 YEARS, RESIDING AT OBEROI EXQUISITE B2302, ABA KARMAKAR ROAD, BEHIND OBEROI MALL, GOREGAON EAST, MUMBAI, MAHARASHTRA-400 063. 39. MR PUSHPINDER KUMAR SALWAN, S/O MR. VIDYA SAGAR SALWAN, AGED ABOUT 57 YEARS, RESIDING AT 9-A, KALYANI VIEW, RUDRAPUR, UDHAM SINGH NAGAR, KICCHA, UTTARAKHAND-263 153. 40. MRS RENUKA SALWAN @ RENU, W/O MR. PUSHPINDER KUMAR SALWAN, AGED ABOUT 51 YEARS, REPRESENTED BY MR. PUSHPINDER KUMAR SALWAN, RESIDING AT 9-A, KALYANI VIEW, RUDRAPUR, UDHAM SINGH NAGAR, KICCHA, UTTARAKHAND-263 153. 41. MR SIDDHARTH SALWAN, S/O MR. PUSHPINDER KUMAR SALWAN, MAJOR, REPRESENTED BY MR. PUSHPINDER KUMAR SALWAN, RESIDING AT 9-A, KALYANI VIEW, RUDRAPUR, UDHAM SINGH NAGAR, KICCHA, UTTARAKHAND-263 153. - 10 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 42. MR T SHAM BHAT, S/O. T. NARAYANA BHAT, AGED ABOUT 63 YEARS RESIDING AT NO. 546, 8TH MAIN, 4TH CROSS, HAL 2ND STAGE, BANGALORE-560 008. 43. MS PRIYANKA BHAT, D/O. T. SHAM BHAT, AGED ABOUT 24 YEARS, RESIDING AT NO. 546, 8TH MAIN, 4TH CROSS,HAL 2ND STAGE, BANGALORE-560 008. 44. MR SOUDAGAR KHAJA AATHAR PARVEZ, S/O MR.S. K. YUSUFF, AGED ABOUT 54 YEARS, R/AT 6-2-104 KOVUAR NAGAR, ANANTAPUR, ANDHRA PRADESH -515 001. 45. MRS SUNITHA RALHAN, W/O LATE LAL BAHADUR, AGED ABOUT 64 YEARS, RESIDING AT NO. 150, 6TH MAIN, 2ND STAGE, 2ND PHASE, MAHALAKSHMIPURAM LAYOUT, BANGALORE-560 086. 46. MR VIKRAM RALHAN, S/O LATE LAL BAHADUR, AGED ABOUT 39 YEARS RESIDING AT NO. 150, 6TH MAIN, 2ND STAGE, 2ND PHASE, MAHALAKSHMIPURAM LAYOUT, BANGALORE-560 086. 47. MRS SOUMYA, W/O MR. VIKRAM RALHAN, AGED ABOUT 35 YEARS, RESIDING AT NO. 150, 6TH MAIN, 2ND STAGE, 2ND PHASE, MAHALAKSHMIPURAM LAYOUT, - 11 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 BANGALORE-560 086. 48. MR. SHUSHIL REDDY KANEKAL, S/O MR. CHANDRASEKHAR KANEKAL, AGED ABOUT 35 YEARS, REPRESENTED BY GPA HOLDER, MR. CHANDRASEKAR KANEKAL, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, HEBBAL KEMPAPUR, BANGALORE-560 024. 49. MR SHILPA KANEKAL, W/O MR. SUSHIL REDDY KANEKAL, AGED ABOUT 28 YEARS, REPRESENTED BY GPA HOLDER, MR. CHANDRASEKAR KANEKAL, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, HEBBAL KEMPAPUR, BANGALORE-560-024. 50. MR KANEKAL CHANDRASEKHAR, S/O LATE BASWANTHRAYA, AGED ABOUT 63 YEARS, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, HEBBAL KEMPAPUR, BENGALURU-560 024. 51. MRS KANEKAL LAKSHMI, W/O KANEKAL CHANDRASEKHAR, AGED ABOUT 57 YEARS, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, HEBBAL KEMPAPUR, BANGALORE-560 024. 52. MR KANEKAL MITHUN REDDY, S/O MR. CHANDRASEKHAR KANEKAL, AGED ABOUT 34 YEARS, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, - 12 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 HEBBAL KEMPAPUR, BANGALORE-560 024. 53. MRS PRITI MITHUN REDDY KANEKAL, W/O MR. MITHUN REDDY KANEKAL, AGED ABOUT 31 YEARS, RESIDING AT NO. 6, SHREE, 9TH CROSS, BHUVANESHWARINAGAR, HEBBAL KEMPAPUR, BANGALORE-560 024. 54. MR GAGAN PATEL, S/O T. J PATEL, AGED ABOUT 32 YEARS, R/AT NO. 148, RMV 2ND STAGE, 1ST BLOCK, 2ND MAIN, DOLLARS COLONY, BANGALORE-560 094. 55. MRS SULAKSHMI NAGPAL, W/O MR. SUMEETNAGPAL, AGED ABOUT 36 YEARS, R/AT NO.737-738, SECTOR 14, ESCORTSNAGAR, FARIDABAD HARYANA-121 007. 56. MRS MADHAVINDUKURI, W/O. VENKATA RAMA RAJU INDUKURI, AGED ABOUT 49 YEARS, RESIDING AT FLAT 502, MVV ROYAL PALACE, KAILASAMETTA, WALTAIR UPLANDS, VISAKHAPATNAM, ANDHRA PRADESH-530 003. 57. MR VENKATA RAMA RAJU INDUKURI, S/O VENKATA RAJU INDUKURI, AGED ABOUT 55 YEAR, RESIDING AT FLAT 5, 02, MVV ROYAL PALACE, KAILASAMETTA, WALTAIR UPLANDS, VISAKHAPATNAM, ANDHRA PRADESH-530 003. - 13 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 58. MR SAI KRISHNAM RAJU NADIMPALLI, S/O MR. RAMA KRISHNAM RAJU NADIMPALLI, AGED ABOUT 50 YEARS, RESIDING AT 175, FERNS HABITAT, DODDANEKUNDI, BANGALORE-560 037. 59. MR SAI KRSIHNAM RAJU NADIMPALLI, S/O MR. RAMA KRISHNAM RAJU NADIMPALLI, AGED ABOUT 50 YEARS, RESIDING AT 175, FERNS HABITAT, DODDANEKUNDI, BANGALORE-560 037. 60. MR UDDARAJU BALA RAMA RAJU, S/O UDDARAJU SINGA RAJU, AGED ABOUT 72 YEARS, RESIDING AT NO. 2-92, A ZONE, SUJATHA NAGAR, VISAKHAPATNAM, ANDHRA PRADESH -530 051. 61. MRS UDDARAJU ANASUYA, W/O UDDARAJU BALA RAMA RAJU, AGED ABOUT 72 YEARS, RESIDING AT NO. 2-92, A ZONE, SUJATHA NAGAR, VISAKHAPATNAM, ANDHRA PRADESH -530 051. 62. LALITHA NADIMPALLI, W/O MR. SAI KRISHNAM RAJU NADIMPALLI, AGED ABOUT 48 YEARS, RESIDING AT 175, FERNS HABITAT, DODDANEKUNDI, BANGALORE-560 037. 63. RAJU SRINIVASA NADIMPALLI, S/O RAMA KRISHNA RAJU NADIMPALLI, AGED ABOUT 53 YEARS, RESIDING AT E-402, APARNA TOWERS, KONDAPUR, HYDERABAD TELANGANA-500 084. - 14 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 64. SMT PADMA NADIMPALLI, W/O MR. RAJU SRINIVASA NADIMPALLI, AGED ABOUT 48 YEARS, RESIDING AT E-402, APARNA TOWERS, KONDAPUR, HYDERABAD, TELANGANA-500 084. 65. SMT. PADMA NADIMPALLI, W/O MR. RAJU SRINIVASA NADIMPALLI, AGED ABOUT 48 YEARS, RESIDING AT E-402, APARNA TOWERS, KONDAPUR, HYDERABAD, TELANGANA-500 084. 66. MRS YAMANAMANDA JHANSI, W/O YAMANAMANDHA LACCHIRAJU, AGED ABOUT 70 YEARS, RESIDING AT 13-138, RAMARAJU MERAKA, KESANAKURRUPALEM, EAST GODAVARI, ANDHRA PRADESH -533 220. 67. MR YAMANAMANDHA LACCHIRAJU, S/O MR. JANAKIRAMARAJU YAMANAMANDHA, AGED ABOUT 72 YEARS, RESIDING AT 13-138, RAMARAJU MERAKA, KESANAKURRUPALEM, EAST GODAVARI, ANDHRA PRADESH -533 220. 68. MRS DHANAWANTI OMPRAKASH GANDHI, W/O MR. OMPRAKASH VALLABDAS GANDHI, AGED ABOUT 66 YEARS, RESIDING AT NO. B-002, SHRIRAM SRISHTI APARTMENT, SUMANGALI SEVA ASHRAMA ROAD, UNNATHI LAYOUT, ANANDNAGAR, BANGALORE-560 032. 69. MR R SHARANA BASAVESHWARA, S/O MR. R. PAMPAPATHY, AGED ABOUT 62 YEARS, RESIDING AT NO. 370, 13TH MAIN, 5TH CROSS, R.M.V SADASHIVANAGAR, - 15 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 BANGALORE -560 080. 70. MR SACHIDANANDA MURTHY B S, S/O LATE B.P SADASHIVAIAH, AGED ABOUT 67 YEARS, RESIDING AT NO. 51/B, PRASHASTHA,1ST A MAIN, 1ST STAGE KHB COLONY, BASAVESHWARANAGAR, BANGALORE -560 079. 71. SMT KAVYA B S, D/O SACHIDANANDA MURTHY B.S, AGED ABOUT 30 YEARS, RESIDING AT NO. 51/B, PRASHASTHA,1ST A MAIN, 1ST STAGE, KHB COLONY,BASAVESHWARANAGAR, BANGALORE -560 079. 72. MRS PRABHAVATHI M B, W/O MR. BALARAJU M.V, AGED ABOUT 59 YEARS, RESIDING AT NO. 2631, 8TH A MAIN, BANASHANKARI 2ND STAGE, BIDARAHALLI, BANGALORE-560 070. 73. MR BALAGOPALAN S, S/O LATE SRINIVAS IYENGAR K, AGED ABOUT 56 YEARS, RESIDING AT NO. 26/11, 2ND A MAIN ROAD, SULTHANPALYA, R.T NAGAR, BANGALORE-560 032. 74. MS JAYASHREE .B, W/O MR. BALAGOPALAN .S, AGED ABOUT 51 YEARS, RESIDING AT NO. 26/11, 2ND A MAIN ROAD, SULTHANPALYA, R.T NAGAR, BANGALORE-560 032. 75. MRS SUDARSHANA BHIMASHANKAR DEVNIKAR, W/O MR. R.M. JYOTHIRLINGAM, - 16 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 AGED ABOUT 45 YEARS, RESIDING AT FLAT NO.102, SOUTH SIDE, BEHIND APOLLO HOSPITAL, ROAD NO. 1, FILM NAGAR, JUBILEE HILLS, HYDERABAD, TELANGANA-500 033. 76. MR. M N VIJAI, S/O MR. NAGENDRA RAO, AGED ABOUT 47 YEARS, RESIDING AT NO.188,18TH CROSS, R.T NAGAR, 1ST BLOCK, BANGALORE-560 032. 77. MRS MEENAKSHI C, W/O LATE C. CHANDRASHEKAR AGED ABOUT 44 YEARS, RESIDING AT NO. 1, NEAR NEW WELCOME ROAD, DEVANAHALLI ROAD VIJAYAPURA, BANGALORE-562 135. 78. A3K BIZ VENTURES PRIVATE LIMITED, (PRIVATE, NON-GOVERNMENT COMPANY), REPRESENTED BY ITS DIRECTOR, MR. PRAKASH K. ODUGOUDAR OFFICE AT FLAT NO. F-104, BALAJI PARADISE APARMENTS, SHIRUR PARK, VIDYANAGAR, HUBLI, DHARWAD, KARNATAKA -580 021. 79. MR VIJAY G RAO, S/O MR. GAJENDRA RAO, AGED ABOUT 35 YEARS, RESIDING AT NO. 4 AND 5, FLAT NO.504, SIRI LOTUS, 15TH MAIN ROAD, PATEL MUNIVENKATAPPA LAYOUT, UTTARAHALLI MAIN ROAD, BANGALORE-560 061. 80. DR. NITASH PRAKASH, W/O MR. VIJAY G. RAO - 17 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 AGED ABOUT 33 YEARS, RESIDING AT NO. 4 AND 5, FLAT NO.504, SIRI LOTUS, 15TH MAIN ROAD, PATEL MUNIVENKATAPPA LAYOUT, UTTARAHALLI MAIN ROAD BANGALORE - 560 061. 81. MR BASHEER MOHAMMAD, S/O MR. MASTHAN SAHEB SHAIK, AGED ABOUT 42 YEARS, RESIDING AT NO. 32/1, 1ST D CROSS, MATHIKERE EXTENSION, BANGALORE-560 054. 82. MRS SHAISTHA KUBRA, W/O BASHEER MOHAMMAD, AGED ABOUT 43 YEARS, RESIDING AT NO. 32/1, 1ST D CROSS, MATHIKERE EXTENSION, BANGALORE-560 054. 83. MR JAYARAJ SABARAD, S/O MR. BASAVARAJ SABARAD, AGED ABOUT 40 YEARS, RESIDING AT 1, 3RD CROSS, 2ND MAIN, AMARJYOTHI LAYOUT, NEAR KUPPASWAMY PARK,R.T NAGAR, BANGALORE-560 032. …RESPONDENTS (BY SMT. ANUPAMA HEBBAR, ADVOCATE FOR C/R48-R53) THIS APPEAL IS FILED UNDER ORDER XLIII RULE 1 (R) OF THE CPC OF THE COMMERCIAL COURTS ACT, PRAYING TO QUASH THE ORDER DATED 19/11/2022 PASSED BY THE HONBLE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) IN COMMERCIAL O.S.NO.423/2020 ON I.A.NOS. 6,7 AND 8 FILED BY DEFENDANTS 48, 49, 50, 51 AND 52 AS PER ANNEXURES A,B AND C AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 18 - NC: 2025:KHC:8090-DB COMAP No. 303 of 2023 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 has filed a memo stating that, the appellants have deposited the cost of Rs.10,000/- + Rs.5,000/-, cumulatively amounting to Rs.15,000/-, with the Advocates’ Association, Bangalore. He has annexed the receipt dated 24.02.2025 in this regard. 2. The memo has been filed seeking withdrawal of the appeal. The learned counsel for the appellants reiterates the prayer for withdrawal of the appeal. 4. In view of the above, the appeal is dismissed as withdrawn. 5. Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC/List No.: 1 Sl No.: 9