- 1 - HC-KAR NC: 2025:KHC:31209-DB COMAP No. 267 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 267 OF 2023 BETWEEN: PHONEPE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMAPNIES ACT, 1956 BEARING CIN U67190MH2012PTC337657 HAVING ITS REGISTERED OFFICE AT FLOOR 4, 5, 6, 7, WING A, BLOCK A SALARPURIA SOFTZONE SERVICE ROAD GREEN GLEN LAYOUT BELLANDUR, BENGALURU KARNATAKA-560 103 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. RAHUL KUMAR …APPELLANT (BY SRI. VEGADARSHI K., ADVOCATE FOR SMT. MANEESHA KONGOVI, ADVOCATE) AND: 1. M/S. LOGIPE FINTECH PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 BEARING CIN U74999KA2022PTC156435 HAVING ITS REGISTERED OFFICE AT HD-040, WEWORK PRESTIGE ATLANTA 80 FEET MAIN ROAD KORAMANGALA 1A BLOCK Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31209-DB COMAP No. 267 of 2023 BENGALURU KARNATAKA-560 034 REPRESENTED BY ITS DIRECTORS 2. MR. MRUTYUNJAY HIREMATH MAJOR IN AGE DIRECTOR M/S. LOGIPE FINTECH PRIVATE LIMITED HAVING OFFICE AT: HD-040, WEWORK PRESTIGE ATLANTA 80 FEET MAIN ROAD KORAMANGALA 1A BLOCK BENGALURU KARNATAKA-560 034 3. MR. ABHISHEK GOYAL MAJOR IN AGE DIRECTOR M/S. LOGIPE FINTECH PRIVATE LIMITED HAVING OFFICE AT: HD-040, WEWORK PRESTIGE ATLANTA 80 FEET MAIN ROAD KORAMANGALA 1A BLOCK BENGALURU KARNATAKA-560 034 4. MR. TEJPAL YADAV MAJOR IN AGE DIRECTOR M/S. LOGIPE FINTECH PRIVATE LIMITED HAVING OFFICE AT: HD-040, WEWORK PRESTIGE ATLANTA 80 FEET MAIN ROAD KORAMANGALA 1A BLOCK BENGALURU KARNATAKA-560 034 …RESPONDENTS (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE FOR C/R1) - 3 - HC-KAR NC: 2025:KHC:31209-DB COMAP No. 267 of 2023 THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, R/W SECTION 104 AND ORDER XLIII RULE 1(r) OF CPC, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (a) CALL FOR RECORDS IN COM.O.S.No.122/2023 PENDING ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-90) AT BENGALURU. (b) SET ASIDE THE COMMON ORDER DATED 24.05.2023 ON I.A.No.2 AND 3 IN COM.O.S.No.122/2023 PENDING ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALLURU (CCH-90) (ANNEXURE-A) AND CONSEQUENTLY, ALLOW I.A.No.2 FILED BY THE APPELLANT / PLAINTIFF UNDER ORDER XXXIX RULES 1 AND 2 AND SECTION 151 OF THE CPC R/W SECTION 16 OF THE COMMERCIAL COURTS ACT 2015 AND DISMISS I.A.No.3 FILED BY RESPONDENTS / DEFENDANTS UNDER ORDER XXXIX RULE 4 OF CPC, 1908, AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2025:KHC:31209-DB COMAP No. 267 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that the suit has already been decreed and that the appeal does not survive for consideration. 2. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 6