- 1 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 1406 OF 2025 (CPC) BETWEEN: 1. INDIABULLS HOUSING FINANCE LIMITED PRESENTLY KNOWN AS SAMMAAN CAPITAL LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, BUILDING NO. 27 KG MARG, CONNAUGHT PLACE NEW DELHI, DELHI - 110 001. AND ALSO HAVING AN OFFICE AT PLOT NO. 87/6, GROUND MEZZANINE INDIABULLS HOUSE, RICHMOND TOWN BANGALORE - 560 025, REPRESENTED BY AUTHORISED SIGNATORY USHA M. 2. INDIABULLS COMMERCIAL CREDIT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, BUILDING NO. 27 KG MARG, CONNAUGHT PLACE NEW DELHI, DELHI - 110 001, REPRESENTED BY AUTHORISED SIGNATORY ABDUL JAMEEL R.V. …APPELLANTS (BY SRI. CHINTAN CHINNAPPA M, ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 AND: 1. MANTRI INFRASTRUCTURE PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT C-5, RICH HOMES, NO. 5/1 RICHMOND ROAD, BENGALURU - 560 025. 2. MANTIR DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT C-5, RICH HOMES NO. 5/1, RICHMOND ROAD BENGALURU - 560 025. 3. SHORE DWELLINGS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT C-5, RICH HOMES NO. 5/1, RICHMOND ROAD BENGALURU - 560 025. 4. AGARA TECHZONE PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT MANTRI HOUSE, NO. 41 VITTAL MALLYA ROAD, BENGALURU - 560 001. 5. MINERVA INFRATECH PVT. LTD., - 3 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT MANTRI HOUSE NO. 41 VITTAL MALLYA ROAD BENGALURU - 560 001 6. MANTRI RESI STRUCTURES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT MANTIR HOUSE NO. 41 VITTAL MALLYA ROAD BENGALURU - 560 001. 7. CASTLES VISTA PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT C-5 RICH HOMES, NO. 5/1 RICHMOND ROAD, BENGALURU - 560 025. 8. PLAZA AGENCIES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT C-5 RICH HOMES, NO. 5/1 RICHMOND ROAD, BENGALURU - 560 025 9. SUSHIL MANTRI AGED ABOUT 61 YEARS HAVING OFFICE AT MANTRI HOUSE NO. 41 - 4 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 VITTAL MALLYA ROAD BENGALURU - 560 001. 10. CATALYST TRUSTEESHIP LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT GDA HOUSE, FIRST FLOOR, PLOT NO. 85, S.NO. 94 AND 95 BHUSARI COLONY, (RIGHT ) KOTHRUD PUNE - 411 038. 11. ERIDANI INFRASTRUCTURE PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT E-903, TOWER -E, LOTUS HOMEZ SECTOR -111, PALAM VIHAR HARYANA - 122 017. 12. ASLEEK BUILDWELL PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT L-62/1, L-BLOCK, SECOND FLOOR NEW DELHI - 110 001. 13. AUROKIRAN CAPITAL INVESTMENT ADVISORS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT L-62/1, L-BLOCK, SECOND FLOOR NEW DELHI - 110 001. - 5 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 14. DEUTSCHE BANK AG HAVIG ITS REGISTERED OFFICE AT DUTSCHE BANK HOUSE, HAZARIMAL SOMANI MARG, FORT, MUMBAI - 400 001. 15. NILESH SABOO SENIOR EXECUTIVE AT DEUTSCHE BANK (DB) HAVIG ITS OFFICE AT DUTSCHE BANK HOUSE, HAZARIMAL SOMANI MARG, FORT, MUMBAI - 400 001. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.11.2024 PASSED ON I.A. NOs.II AND IV IN O.S.NO.7166/2024 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.5), ALLOWING THE I.A. NOs.II AND IV FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 30.06.2025 to withdraw this appeal. - 6 - HC-KAR NC: 2025:KHC:27883 MFA No. 1406 of 2025 The said memo is reads as under: MEMO FOR WITHDRAWAL "The Counsel for Petitioner herein submits as follows: It is submitted that vide order of this Hon'ble Court the O.S.No.7166/2024 has been transferred from CCH-5 (IX ADDL. CITY CIVIL AND SESSIONS JUDGE) to CCH-88 (LXXXVII ADDL. CITY AND SESSIONS JUDGE), Commercial Court on 04.04.2025 and was accordingly disposed. Hence present MFA No.1406/2025 is infructuous and therefore is withdrawn." In view of the aforesaid memo, the appeal is dismissed as withdrawn. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 8 CT: BHK