- 1 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 269 OF 2025 C/W COMMERCIAL APPEAL NO. 272 OF 2025 COMMERCIAL APPEAL NO. 277 OF 2025 COMMERCIAL APPEAL NO. 278 OF 2025 AND COMMERCIAL APPEAL NO. 300 OF 2025 IN COMAP No. 269/2025 BETWEEN: 1. KARNATAKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 82 SHAKTHI BHAVA, 6TH FLOOR RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (LEGAL). 2. THE SUPERINTENDING ENGINEER (FUELS) M/S. KARNATAKA POWER CORPORATION LIMITED NOW RECLASSIFIED AS Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS THE SUPERINTENDING ENGINEER (MINES) NO. 82, SHAKTHI BHAVAN 3RD FLOOR, RACE COURSE ROAD BENGALURU - 560 001. …APPELLANTS (BY SRI AJAY J. NANDALIKE, ADVOCATE) AND: 1. M/S ANAND TRANSPORT PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MGM - CENTRE, NO.1 9TH STREET, DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 600 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & DIRECTOR SRI VR ARUNACHALAM. 2. THE MANAGER, AXIS BANK LTD., GROUND FLOOR KARUMUTHU NILAYAM NO. 192 ANNA SALAI, CHENNAI - 600 001. …RESPONDENTS (BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 & SRI KATTI DHIRENDRA NARASIMHA, ADVOCATE FOR R-2, RESPONDENT No.2 IS DELETED VIDE ORDER DATED 04.09.2025) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII - 3 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-83) IN COM.OS NO.2798/2016, PRODUCED AS ANNEXURE - A & ETC. IN COMAP NO. 272/2025 BETWEEN: 1. KARNATAKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 82 SHAKTHI BHAVA, 6TH FLOOR RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (LEGAL). 2. THE SUPERINTENDING ENGINEER (FUELS) M/S. KARNATAKA POWER CORPORATION LIMITED NOW RECLASSIFIED AS THE SUPERINTENDING ENGINEER (MINES) NO. 82, SHAKTHI BHAVAN 3RD FLOOR, RACE COURSE ROAD BENGALURU - 560 001. ...APPELLANTS (BY SRI AJAY J. NANDALIKE, ADVOCATE) AND: 1. M/S ANAND TRANSPORT PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MGM - CENTRE, NO.1 9TH STREET, DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 600 004 - 4 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & DIRECTOR SRI VR ARUNACHALAM. 2. THE MANAGER STATE BANK OF INDIA (FORMERLY STATE BANK OF HYDERABAD) CHENNAI MAIN BRANCH 2ND LINE, BEACH ROAD CHENNAI - 600 001. ...RESPONDENTS (BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 & SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2) RESPONDENT No.2 IS DELETED VIDE ORDER DATED 04.09.2025) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-83) IN COM.OS NO.5654/2016, PRODUCED AS ANNEXURE - A & ETC. IN COMAP NO. 277/2025 BETWEEN: 1. KARNATAKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 82 - 5 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS SHAKTHI BHAVA, 6TH FLOOR RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (LEGAL). 2. THE SUPERINTENDING ENGINEER (FUELS) M/S. KARNATAKA POWER CORPORATION LIMITED NOW RECLASSIFIED AS THE SUPERINTENDING ENGINEER (MINES) NO. 82, SHAKTHI BHAVAN 3RD FLOOR, RACE COURSE ROAD BENGALURU - 560 001. ...APPELLANTS (BY SRI. AJAY J. NANDALIKE, ADVOCATE) AND: 1. M/S ANAND TRANSPORT PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MGM - CENTRE NO.1, 9TH STREET, DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 600 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & DIRECTOR SRI VR ARUNACHALAM. 2. THE MANAGER STATE BANK OF INDIA (FORMERLY STATE BANK OF HYDERABAD) CHENNAI MAIN BRANCH 2ND LINE, BEACH ROAD CHENNAI - 600 001. ...RESPONDENTS (BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 & SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2 - 6 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS RESPONDENT No.2 IS DELETED VIDE ORDER DATED 04.09.2025) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-83) IN COM.OS NO.5655/2016, PRODUCED AS ANNEXURE - A & ETC. IN COMAP NO. 278/2025 BETWEEN: 1. KARNATAKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 82 SHAKTHI BHAVA, 6TH FLOOR RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (LEGAL). 2. THE SUPERINTENDING ENGINEER (FUELS) M/S. KARNATAKA POWER CORPORATION LIMITED NOW RECLASSIFIED AS THE SUPERINTENDING ENGINEER (MINES) NO. 82, SHAKTHI BHAVAN 3RD FLOOR, RACE COURSE ROAD BENGALURU - 560 001. - 7 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS ...APPELLANTS (BY SRI AJAY J NANDALIKE, ADVOCATE) AND: 1. M/S ANAND TRANSPORT PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MGM - CENTRE NO.1, 9TH STREET, DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 600 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & DIRECTOR SRI VR ARUNACHALAM. 2. THE MANAGER STATE BANK OF INDIA (FORMERLY STATE BANK OF HYDERABAD) CHENNAI MAIN BRANCH 2ND LINE, BEACH ROAD CHENNAI - 600 001. ...RESPONDENTS (BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 & SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2 RESPONDENT No.2 IS DELETED VIDE ORDER DATED 04.09.2025) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU - 8 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS (CCH-83) IN COM.OS NO.10244/2015, PRODUCED AS ANNEXURE - A & ETC. IN COMAP NO. 300/2025 BETWEEN: 1. KARNATAKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 82 SHAKTHI BHAVA, 6TH FLOOR RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE SUPERINTENDING ENGINEER (FUELS) M/S. KARNATAKA POWER CORPORATION LIMITED NOW RECLASSIFIED AS THE SUPERINTENDING ENGINEER (MINES) NO. 82, SHAKTHI BHAVAN 3RD FLOOR, RACE COURSE ROAD BENGALURU - 560 001. ...APPELLANTS (BY SRI AJAY J. NANDALIKE, ADVOCATE) AND: 1. M/S ANAND TRANSPORT PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MGM - CENTRE NO.1, 9TH STREET - 9 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 600 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & DIRECTOR SRI VR ARUNACHALAM. 2. THE MANAGER STATE BANK OF INDIA (FORMERLY STATE BANK OF HYDERABAD) CHENNAI MAIN BRANCH 2ND LINE, BEACH ROAD CHENNAI - 600 001. ...RESPONDENTS (BY SRI S.V. BHAT, ADVOCATE FOR C/R-1 & SMT. P. CHITHRA NIRMALA, ADVOCATE FOR R-2 RESPONDENT No.2 IS DELETED VIDE ORDER DATED 04.09.2025) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED FINAL JUDGMENT AND DECREE DATED 28.11.2024 PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-83) IN COM.OS NO.10243/2015, PRODUCED AS ANNEXURE - A & ETC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 10 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS 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. A mediation report has been handed over to this Court, which indicates that appellants and respondent No.1 in all these appeals, have settled their disputes. 2. Appellant No.1 has agreed to pay the amount as agreed in the settlement agreements filed in each of these appeals, in three installments. The settlement in terms of the agreements are accepted. 3. Learned counsel for the appellants has also filed a memo seeking for deletion of respondent No.2 from the array of parties. In view of the above memo, respondent No.2 is deleted from the array of parties. 4. Accordingly, the present appeals are required to be disposed of in terms of the settlement arrived at between the parties in mediation. - 11 - HC-KAR NC: 2025:KHC:34874-DB COMAP No. 269 of 2025 C/W COMAP No. 272 of 2025 COMAP No. 277 of 2025 AND 2 OTHERS 5. In the result, the decrees passed by the Trial Court are modified in terms of the settlement agreement arrived at between the parties in each of these appeals. 6. The Registry is directed to refund the Court Fee paid in these appeals, as per rules. 7. Pending applications in these appeals, also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 47