- 1 - HC-KAR NC: 2025:KHC:52839-DB COMAP No. 14 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 14 OF 2025 BETWEEN: 1. M/S SMW ISPAT PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS OFFICE AT PLOT C- 2, MIDC, DEOLI GEOWTH CENTRE, DEOLI, MAHARASHTRA - 442101 REPRESENTED BYITS AUTHORIZED SIGNATORY MR SANTHOSH V S …APPELLANT (BY SRI ABHISHEK A., ADVOCATE) AND: 1. ZETWERK MANUFACTURING BUSINESS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS OFFICE AT NO 461, ORIENTAL TOWERS 1ST FLOOR, 4TH SECTOR, 17TH CROSS HSR LAYOUT, BENGALURU - 560102 REPRESENTED BY ITS AUTHORIZED SIGNATORY …RESPONDENT THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52839-DB COMAP No. 14 of 2025 PRAYING TO CALL FOR THE RECORDS OF LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) BENGALURU (CCH-87) & FURTHER BE PLEASED TO SET ASIDE THE ORDER OF THE LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU (CCH-87) DATED 20.09.2024 CONSEQUENTLY ALLOW THE IA No.1 (ANNEXURE-B) REFFERING THE PARTIES TO ARBITRATION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The present appeal is listed for dismissal as despite several opportunities, the appellant has not cured the office objections. Final opportunity was granted on 14.10.2025 but, the said opportunity was not availed. 2. The learned counsel appearing for the appellant now seeks to withdraw the present appeal. She also seeks liberty to pursue the writ petition [W.P No.2200/2025]. 3. The present appeal is dismissed as withdrawn. We clarify that this order will not preclude the appellant from pursuing the writ petition. However, the question whether the writ petition will be - 3 - HC-KAR NC: 2025:KHC:52839-DB COMAP No. 14 of 2025 maintainable or whether it is apposite to do so, is left open apart from the merits of the said petition. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 1