- 1 - NC: 2025:KHC:8393 WP No. 937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 937 OF 2025 (GM-CPC) BETWEEN: M/S ELIXIR ENTERPRISES AND HOTELS PVT LTD THE CHANCERY PAVILION N0. 135, RESIDENCY ROAD BANGALORE - 560 035 REPRESENTED BY ITS LIAISON OFFICER AND AUTHORISED SIGNATORY MR. P. JAMES S/O. MR. PACKIASWAMY …PETITIONER (BY SRI. SATYANAND B S., ADVOCATE) AND: THE INDIAN PERFORMING RIGHT SOCIETY LTD HAVING ITS REGISTERED OFFICE AT NO. 208, GOLDEN CHAMBERS NEW ANDHERI LINK ROAD ANDHERI (W), MUMBAI 400 058 ALSO HAVING ITS OFFICE AT NO.4/1 ,DEVAIAH COURT 1ST FLOOR, 22ND CROSS 8TH MAIN 3RD BLOCK, JAYANAGARA BANGALORE -560 011. …RESPONDENT Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8393 WP No. 937 of 2025 (BY SRI.DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED ON IA NO. 5, UNDER SECTION 75 (A), R/W ORDER 26, RULE 2 OF CPC, 1908, DATED 11.03.2024 AND IA NO. 6, UNDER ORDER 47, RULE 1, R/W SECTION 151 OF CPC, IN COM. OS NO. 588 OF 2022, DATED 04.01.2025, BY THE LEARNED LXXXIV ADDI. CITY CIVIL JUDGE AND SESSIONS JUDGE (CCH 85 - COMMERCIAL COURT) VIDE ANNEXURE - A AND B ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 11.03.2024 passed on IA Nos. 5 and 6 in Com.O.S.No.588/2022 by the LXXXIV Additional City Civil and Sessions Judge (CCH-85 – Commercial Court), Bengaluru, whereby IA No.5 filed by the plaintiff has been allowed and IA No.6 filed by the defendant has been dismissed. - 3 - NC: 2025:KHC:8393 WP No. 937 of 2025 2. During the course of the arguments, learned counsel for the respondent/plaintiff filed a memo stating that IA No.5 filed under Section 75(a) r/w. Order XXVI Rule 2 of CPC will be withdrawn. 3. In view of the above, the impugned order passed on IA Nos. 5 and 6 does not survive for consideration. 4. Accordingly, writ petition stands disposed of. 5. In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 42