- 1 - HC-KAR NC: 2025:KHC:35136-DB COMAP No. 475 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 475 OF 2025 BETWEEN: 1. M/S. VENKATALAXMI INDUSTRIES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN COMPANIES ACT, 1932 REPTD. BY ITS PARTNERS N SRINIVAS N.ARUNA, N.SURYA AND G.RAGHAVENDRA 2. SRI N. SRINIVAS SON OF N.SURYA RAO AGED ABOUT 54 YEARS PARTNER OF M/S. VENKATALAXMI INDUSTRIES 3. SMT. M. ARUNA WIFE OF N. SRINIVAS AGED ABOUT 46 YEARS PARTNER OF M/S.VENKATALAXMI INDUSTRIES 4. SRI N. SURYA SON OF N. SRINIVAS AGED ABOUT 28 YEARS PARTNER OF M/S.VENKATALAXMI INDUSTRIES 5. SRI G. RAGHAVENDRA SON OF G. RAMACHANDRA Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35136-DB COMAP No. 475 of 2025 AGED ABOUT 27 YEARS PARTNER OF M/S.VENKATALAXMI INDUSTRIES APPELLANTS 1 TO 5 HAVING THEIR OFFICE AT M/S. VENKATALAXMI INDUSTRIES NAVANAGAR, KARATAGI GANGAVATHI, KOPPAL - 583 229. …APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI SRINIVASA T.P., ADVOCATE) AND: 1. M/S. SRI LAKSHMI SRINIVASA RICE MILL A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 REPRESENTED BY ITS PARTNERS KOLLA NAGESHWAR RAO KOLLA SURENDRA BABU KOLLA SURESH BABU AND KOLLA KRISHNA KUMARI 2. SRI KOLLA NAGESHWAR RAO SON OF K. VENKATESHWARALU AGED ABOUT 68 YEARS PARTNER OF M/S. SRI. LAKSHMI- SRINIVASA RICE MILL 3. SRI KOLLA SURESH BABU SON OF K. NAGESHWAR RAO AGED 52 YEARS PARTNER OF M/S. SRI LAKSHMI- SRINIVASA RICE MILL - 3 - HC-KAR NC: 2025:KHC:35136-DB COMAP No. 475 of 2025 4. SMT. KOLLA KRISHNAKUMARI DAUGHTER OF K. NAGESHWAR RAO AGED ABOUT 61 YEARS PARTNER AT M/S. SRI LAKSHMI SRINIVASA RICE MILL 5. SRI KOLLA SURENDRA BABU SON OF K.NAGESHWAR RAO AGED ABOUT 45 YEARS PARTNER AT M/S. SRI LAKSHMI - SRINIVASA RICE MILL THE RESPONDENTS 1 TO 5 HAVING THEIR OFFICE AT SY.NO.38, R.G.ROAD NAVANAGAR, MARLANAHALLI KARATAGI, GANGAVATI KOPPAL - 582 229. 6. M/S. NEW ELAHEE TRADERS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT KUMBAR STREET K.R. PURAM, BENGALURU - 560 036 REPRESENTED BY ITS PROPRIETOR MOHAMMED IQBAL. 7. M/S. TAJ ENTERPRISES A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO.1176 SARJAPUR, BENGALURU - 562 125 REPRESENTED BY ITS PROPRIETOR MOHAMMED. 8. M/S. SRI SAI JYOTHI TRADERS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT GROUND FLOOR 30/1A-A, OPP. CANARA BANK VARTHUR, BENGALURU - 560 087 REPRESENTED BY ITS PROPRIETORS - 4 - HC-KAR NC: 2025:KHC:35136-DB COMAP No. 475 of 2025 SINGAM KRISHNAIAH SETTY AND NAGARAJAIAH SETTY. …RESPONDENTS (BY MS. AKSHATA PRASAD, ADVOCATE FOR SRI SANJAY H. SETHIYA, ADVOCATE FOR C/R-1 TO 5) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.07.2025 PASSED ALLOWING THE COMMON ORDERS ON I.A.NOs.4 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND I.A. NO.5 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE BY THE PLAINTIFFS IN THE SAID SUIT COM.O.S.NO.284/2025 IN SUIT COM. O.S. NO.284/2025 ON THE FILE OF THE COURT OF LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84), PENDING DISPOSAL OF THE SUIT IN COM. O.S. NO.284/2025 & ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:35136-DB COMAP No. 475 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Mr. Vikram Huilgol, learned Senior Counsel appearing for the appellants, seeks to withdraw the present appeal. 2. The appeal is dismissed as withdrawn. 3. Pending application I.A.No.1/2025, is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 32