- 1 - HC-KAR NC: 2025:KHC:38111-DB COMAP No. 545 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 545 OF 2024 BETWEEN: M/S RAJA ENTERPRISES A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1936 HAVING ITS REGISTERED OFFICE AT NO.51, SAJJANRAO ROAD, VISHVESHWARAPURAM BENGALURU - 560 004 REPRESENTED BY ITS PARTNER SRI RAJA DATTA, AGED ABOUT 54 YEARS, SON OF RAJA JAYASHANKAR …APPELLANT (BY SRI. V.B SHIVA KUMAR, ADVOCATE) AND: 1. M/S PARAS PACKING AND COMPANY A PROPRIETARY BUSINESS CONCERN HAVING ITS OFFICE AT NO. 444/1 AVENUE ROAD, BENGALURU - 560 002 REPRESENTED BY ITS PROPRIETOR SRI RAJENDRA KUMAR. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38111-DB COMAP No. 545 of 2024 2. SRI RAJENDRA KUMAR, FATHER'S NAME NOT KNOWN TO PLAINTIFF, MAJOR BY AGE PROPRIETOR, M/S PARAS PACKING AND COMPANY, NO.444/1, AVENUE ROAD, BENGALURU - 560 002 AND ALSO: OCCUPYING SHOP PREMISES IN NO.51, 5TH FLOOR OF MULTI-STORIED COMMERCIAL BUILDING AT "RAJA HARIHARAN TOWERS", NO.51, SAJJANRAO ROAD, BASAPPA CIRCLE, VISHVESHWARAPURAM BENGALURU - 560 004. …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 07.11.2024 PASSED ON IA NO. 6 FILED U/O XXXVIII RULES 5 AND 6 OF CPC R/W SEC. 151 OF CPC FILED BY THE APPELLANT DISMISSING THE APPLICATION IN COM. OS NO. 854/2023 PASSED BY THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 86) (COMMERCIAL COURT) AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38111-DB COMAP No. 545 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the commercial appeal. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. Pending interlocutory applications, if any, shall stand disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 17