- 1 - HC-KAR NC: 2025:KHC:29539 RFA No. 48 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO.48 OF 2016 (MON) BETWEEN: 1. M/S. DIABU DIAMOND TOOLS (INDIA) PVT. LTD., 7TH FLOOR, DEVATHA PLAZA 131, RESIDENCY ROAD BENGALURU-560025 AND ALSO AT NO.58 COUNTRY CLUB ROAD SINGASANDRA BENGALURU-560068 REPRESENTED HEREIN BY ITS SALES MANAGER AND POWER OF ATTORNEY HOLDER MR. M.S. SUDHEER. …APPELLANT (BY SMT. DEEPTHI DIVYA PRAKASH, ADVOCATE FOR SRI. SUNDARAMURTHY W.M., ADVOCATE) AND: 1. SREE LAKSHMI EXPORTS PLOT NO.11-B, ‘E’ BLOCK I.D.A.AUTONAGAR, GAJUWAKA VISHAKAPATNAM-560012 REPRESENTED BY ITS PARTNERS MR. VASU MR. AMARNATH. 2. MR. VASU PARTNER SREE LAKSHMI EXPORTS PLOT NO.11-B, ‘E’ BLOCK Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29539 RFA No. 48 of 2016 IDA AUTO NAGAR GAJUWAKA VISHAKAPATNAM-560012. 3. MR. AMARNATH PARTNER SREE LAKSHMI EXPORTS PLOT NO.11-B, ‘E’ BLOCK IDA AUTO NAGAR GAJUWAKA VISHAKAPATNAM-560012. …RESPONDENTS (R1 TO R3 ARE SERVED BY WAY OF PAPER PUBLICATION) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.09.2015 PASSED IN O.S.NO.26474/2010 ON THE FILE OF THE XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL UNIT, (CCH-20) BENGALURU, DISMISSING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed a memo for dismissal of appeal as withdrawn. 2. Memo is taken on record. Appeal is dismissed as withdrawn. - 3 - HC-KAR NC: 2025:KHC:29539 RFA No. 48 of 2016 3. Registry to refund Court fee to the appellant. Sd/- (RAVI V HOSMANI) JUDGE RHS List No.: 2 Sl No.: 10