- 1 - HC-KAR NC: 2025:KHC-D:11270-DB MFA No. 103877 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 103877 OF 2025 BETWEEN: RYATARA SAHAKARI SAKKARE KARKHANE NIYAMIT, RANNANAGAR, AT: TIMMAPUR-587122, TQ. MUDHOL, DISTRICT: BAGALKOT. REPRESENTED BY ITS MANAGING DIRECTOR. …APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. M/S. TECHMATES MARKETING SERVICES, SUITE NO.9, GROUND FLOOR, SHAHEEN RESIDENCY APARTMENT, BOYCE COMPOUND, CLUB ROAD, BELAGAVI. (REGISTERED PARTNERSHIP FIRM). 2. REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932, REPRESENTED BY ITS PARTNER, SHRI ANAND G. HANJI, PLOT NO.381, BUDA SECTOR 40, KUVEMPU NAGAR, BELAGAVI, PIN-590001. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 13 (1) OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN COMMERCIAL SUIT O.S.NO.5005/2022 DATED 20.09.2022 PASSED BY THE I ADDITIONAL DISTRICT AND SESSION JUDGE, BAGALKOT TO SIT AT: JAMKHANDI AND PRESIDING OFFICER, DESIGNATED COMMERCIAL COURT, AT: JAMKHANDI BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11270-DB MFA No. 103877 of 2025 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) Learned counsel for the appellant seeks leave of the Court to withdraw the appeal with liberty to file a commercial appeal. 2. The said submission is placed on record. 3. The appeal is disposed of with liberty to file appropriate appeal as per law. 4. The Registry is directed to return the certified copies after retaining Xerox copies. 5. It is needless to observe that the appellant would be entitled to benefit of limitation under Section 14 of the Limitation Act, 1963. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 23