- 1 - HC-KAR NC: 2025:KHC:37691-DB COMAP No. 489 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 489 OF 2024 BETWEEN: THE PROPRIETOR M/S. SHIVACHETAN ELECTRICALS REPRESENTED BY SANGANAGOUDA PATIL ENGINEERS AND CONTRACTORS NATARAJA COLONY, KUSTAGI ROAD SINDHANUR - 584 128. …APPELLANT (BY SRI CHANDRASHEKHAR CHANNABASAPPA CHANASPUR, ADV.) AND: SRI. NANJUNDASWAMY B.R. @ SWAMY KAILAS S/O RUDRAIAH B.N. AGED ABOUT 37 YEARS PROPRIETOR OF OMKAR INDUSTRUES SY No.1A/1, BEHIND ANU BRICKS INDUSTRIES Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37691-DB COMAP No. 489 of 2024 BOMMANAHALLI VILLAGE BELLAVI HOBLI TUMAKURU, DIST: TUMAKURU. …RESPONDENT THIS COMAP IS FILED UNDER SEC.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC.13(1-A) OF COMMERCIAL COURTS ACT, 2015., PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (a) SET ASIDE THE JUDGMENT PASSED BY THE COMMERCIAL COURT DATED 16.12.2023 PASSED ON IA No.I AND CONSEQUENTLY DISMISSING THE COM.MISC No.1/2022 ON THE FILE OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, BY ALLOWING THIS APPEAL AND (b) SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEM FITS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:37691-DB COMAP No. 489 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant has placed on record a memo seeking withdrawal of the appeal. 2. Accepting the memo and recording the same, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 54