- 1 - NC: 2025:KHC-D:1594-DB COMAP No. 100010 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR COMMERCIAL APPEALS NO.100010 OF 2024 BETWEEN: NARENDRA MANSUKHLAL MEHATA, PROPRIETOR OF SIDDI INDUSTRIES, AGE: 50 YEARS, OCC. BUSINESS, R/O.PLOT NO.504/B, NAGAR ROAD, BHUJ, KUTCH, GUJARAT STATE-370 000. - APPELLANT (BY SRI. C.S. SHETTAR, ADVOCATE AND SMT. KAVYA C. SHETTAR, ADVOCATE) AND: ADARSH SHANKARANNA YELAMALI, PROPRIETOR OF AGHRO SEED INDUSTRIES, AGE: 40 YEARS, OCC.: BUSINESS, R/O SIDDLING NAGAR, NEAR CHIDANAND MATH, NEAR HUDCO COLONY, GADAG-582101. OFFICE: KASHIVISHWANATH NAGAR, NEAR APMC MARKET YARD, GADAG. - RESPONDENT (BY SMT. JYOTHI P. DESAI, ADVOCATE FOR C/RESPONDENT) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN COMM. O.S. NO. 2/2022 DATED 16.02.2024 PASSED BY LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT AT GADAG & ETC., THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1594-DB COMAP No. 100010 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the concerned Commercial Court’s judgment and decree dated 16.02.2024 in Commercial Original Suit No. 02/2022. The appeal is listed for orders on the objections, which includes non payment of Court fee. The learned counsel for the appellant seeks leave to file a memo to withdraw the appeal stating that the parties have settled their dispute. If Court fee is not paid, this Court can only dismiss the appeal for default, and it stands disposed of accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE bvv LIST NO.: 1 SL NO.: 14