- 1 - HC-KAR NC: 2025:KHC:54427-DB COMAP No. 458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S.MUDAGAL COMMERCIAL APPEAL NO. 458 OF 2025 BETWEEN: 1. SRI C.M. FAYAZ S/O ABDUL AGED ABOUT 60 YEARS 2. SMT. NOOR JAN W/O C.M. FAYAZ AGED ABOUT 35 YEARS BOTH ARE RESIDING AT NO. 46 DHARMARAJA TEMPLE ROAD SHIVAJINAGAR BENGALURU - 560 051 AND ALSO AT: SHOP NO. 20, 'KRUPASHRI' OLD NO.14, QUADRANT ROAD NOW NEW NO. 23 THYAGI DORESWAMY ROAD PID NO.79-23-23 WARD NO.79, SHIVAJINAGAR BENGALURU - 560 051 …APPELLANTS (BY MS. SHAZIA TABASSUM, ADVOCATE FOR SRI M.N.UMASHANKAR, ADVOCATE) Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54427-DB COMAP No. 458 of 2025 AND: 1. DR. GIRISH K. NASHI S/O LATE K. GT. NASHI AGED ABOUT 64 YEARS 2. SMT. R. SHARMILA W/O. GIRISH K. NASI AGED ABOUT 55 YEARS 3. SRI AMARESH G.NASHI S/O GIRISH K. NASI AGED ABOUT 32 YEARS 4. SRI ADESH G. NASHI S/O GIRISH K. NASI AGED ABOUT 28 YEARS. RESPONDENTS 1 TO 4 ARE R/A NO.76, N. N. FARM ROAD SANJAYNAGAR BENGALURU - 560 094. 5. THE AUTHORISED OFFICER SIR M. VISVESWARAYA CO-OPERATIVE BANK LTD. NO.109, CORPORATE OFFICE SHANKARAPURAM BENGALURU - 560 004 …RESPONDENTS (BY SRI K.N. MAHABALESHWARA RAO, ADVOCATE FOR C/RESPONDENTS 1 TO 4) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED - 3 - HC-KAR NC: 2025:KHC:54427-DB COMAP No. 458 of 2025 17.07.2025 IN COM.O.S.NO.1108/2022 PASSED BY THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU CITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S.MUDAGAL ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellants seeks to withdraw the present appeal. 2. The appeal is dismissed as withdrawn. 3. The court fee be refunded in accordance with law. 4. Pending applications shall stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S.MUDAGAL) JUDGE KMV List No.: 1 Sl No.: 7