- 1 - HC-KAR NC: 2025:KHC:29354-DB COMAP No. 389 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 389 OF 2023 BETWEEN: M/S RKEC PROJECTS LTD 10-12-1, REDNAM ALCAZAR, REDNAM GARDENS OLD JAIL ROAD OPP SBI MAIN BRANCH, VISAKHAPATNAM ANDHRA PRADESH-530 002 REP. BY ITS AUTHORIZED SIGNATORY DADI ROOP SANTOSH KUMAR …APPELLANT (BY SRI. BAPAT SAMPATH VINAYAKA RAO, ADVOCATE) AND: 1. M/S HONNAVAR PORT PVT LTD 103, LALEHZAR APARTMENTS, 45/1-2, PALACE RAOD, BENGALURU-560 001 REP BY ITS AUTHORIZED SIGNATORY 2. M/S GVPR ENGINEERS LIMITED 8-2-293/82/A, PLOT NO.739-A, ROAD NO.37, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29354-DB COMAP No. 389 of 2023 JUBILEE HILLS HYDERABAD TELANGANA-500 033. REP BY BOARD OF DIRECTORS 3. BANK OF BARODA MAHARANIPETA BRANCH VISAKHAPATNAM ANDHRA PRADESH-530 001 REP. BY ITS CHIEF MANAGER …RESPONDENTS (BY SRI. PRADEEP GAONKAR, ADVOCATE FOR R1, SRI. NAGARAJ DAMODAR, ADVOCATE FOR R3) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(B) OF ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO SET ASIDE THE ORDER ON I.A.NO.1 AND 2 DATED: 25/09/2023 IN COM AA NO.211/2023 PASSED BY THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-84) AND DISMISS I.A.NO.2 AND CONSEQUENTLY ALLOW I.A.NO.1 IN THE INTEREST OF JUSTICE. 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 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has placed a memo on record and it is submitted that the present appeal does not survive and the matter may be dismissed as having become infructuous. - 3 - HC-KAR NC: 2025:KHC:29354-DB COMAP No. 389 of 2023 Recording the memo filed by the learned counsel for the appellant, the appeal is dismissed as having become infructuous. In view of disposal of the appeal, all pending I.As. do not survive for consideration and are accordingly disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 37