- 1 - HC-KAR NC: 2025:KHC:49092-DB COMAP No. 188 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.188 OF 2022 BETWEEN: 1. M/S. ALANKAR BOILER (R) O/AT NO.275/284(P) ROAD NO.15, INDUSTRIAL AREA BAIKAMPADY, NEW MANGALURU 575011. REP. BY ITS PARTNER RESPONDENT NO.1 2. MR. CLANY D'SOUZA S/O LATE ROZARIA D'SOUZA, AGED ABOUT 48 YEARS, PARTNER M/S. ALANKAR BOILER O/AT NO.275/284(P) ROAD NO.15 INDUSTRIAL AREA BAIKAMPADY, NEW MANGALURU 575011. R/AT CRYSTAL APARTMENT, FLAT NO.501, MARKAR HILL ROAD, BENDOOR, MANGALURU 575002. …APPELLANTS (BY SMT. SHRIDEVI BHOSALE MARUTI, ADVOCATE (ABSENT)) AND: 1. DIVYA CHEMICAL MANUFACTURERS O/AT: PLOT NO.51-A-2, KIADB INDUSTRIAL AREA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49092-DB COMAP No. 188 of 2022 KARNAD MULKY 574154, REP. BY ITS MANAGER AND GPA HOLDER MR. SHEKHAR R. SALIAN S/O LATE RAMA P. BANGERA AGED ABOUT 69 YEARS, R/AT DR. S. CHAMPA COMPOUND, KINNIGOLI, MANGALURU TALUK 574150. 2. CONSTANTINE HEDWIG PICARDO S/O MARK FEDRICK PICARDO AGED ABOUT 65 YEARS, MANAGING PARTNER M/S. ALANKAR BOILER O/AT NO.275/284(P) ROAD NO.15, INDUSTRIAL AREA BAIKAMPADY, NEW MANGALURU 575011. R/AT 2/81, ANGELINE VILLA PANDESHWARA VILLAGE, SASTHANA POST, UDUPI TALUK, UDUPI 576226. …RESPONDENTS (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE FOR R1; R2 - SERVED) THE COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURT ACT R/W ORDER XLII RULE 1 OF CPC, PRAYING TO I) CALL FOR RECORDS IN COM.O.S.NO. 221/2020, ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND COMMERCIAL COURT, DK MANGALURU, AND II) SET ASIDE THE JUDGMENT AND DECREE DATED 30/06/2021 PASSED BY THE 1ST ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K., MANGALORE, THEREBY HOLDING THE APPELLANTS JOINTLY AND SEVERALLY LIABLE TO PAY Rs.11,40,900/- ALONG WITH INTEREST 12 P.A. FROM THE DATE OF CANCELLATION OF ORDER, I.E., FROM 30/06/2016 TILL ITS REALIZATION, AND ALSO DIRECTING THE APPELLANTS TO PAY A SUM OF Rs.1,17,402/- TOWARDS THE COST INCURRED IN THE SUIT. - 3 - HC-KAR NC: 2025:KHC:49092-DB COMAP No. 188 of 2022 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) There is no representation for the appellants. 2. The order dated 16.10.2025 reads as under: There is no representation for the appellants on 20.08.2025. Today also there is no representation for the appellants. To provide one more opportunity, list on 26.11.2025. 3. It appears that appellants are not interested in prosecuting the appeal. Accordingly, the appeal shall stand dismissed for non-prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK,List No.: 1 Sl No.: 3