- 1 - HC-KAR NC: 2025:KHC:36292-DB COMAP No. 100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 100 OF 2025 BETWEEN: 1. SRI SUHAIL KHAN S/O. ABBAS KHAN AGED ABOUT 44 YEARS R/AT. NO. 8/10, 6TH CROSS H.M. ROAD, LINGARAJAPURA BENGALURU - 560 084. AND ALSO AT: SHOP NO. 3, GROUND FLOOR "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. …APPELLANT (BY SRI S. JAGAN BABU, ADVOCATE) AND: 1. DR. GIRISH K. NASHI S/O. LATE K. G. NASHI AGED ABOUT 66 YEARS Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36292-DB COMAP No. 100 of 2025 2. R. SHARMILA W/O. GIRISH K. NASHI AGED ABOUT 57 YEARS 3. AMARESH G. NASHI S/O. GIRISH K. NASHI AGED ABOUT 34 YEARS 4. ADESH G. NASHI S/O. GIRISH K. NASHI AGED ABOUT 30 YEARS ALL ARE R/O. NO. 76 N.N. FARM ROAD SANJAYNAGAR BENGALURU - 560 094. 5. THE AUTHORIZED OFFICER SIR M. VISVESWARAYA CO-OPERATIVE BANK LTD. NO.109, CORPORATE OFFICE, SHANKARAPURAM BENGALURU - 560 051. …RESPONDENTS (BY SRI MAHABALESHWARA RAO K.N., ADVOCATE FOR RESPONDENTS No.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 19.12.2024 PASSED BY THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84), IN COM.OS.NO.1110/2022 AND DISMISS THE SUIT OF RESPONDENT NO.1 TO 4/PLAINTIFF AS PRAYED FOR BY THE APPELLANT/ DEFENDANT NO.1 IN THE WRITTEN STATEMENT & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36292-DB COMAP No. 100 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel appearing for the appellants seeks to withdraw the present appeal. 2. Accordingly, the appeal is dismissed. 3. The court fee is ordered to be refunded as per the Rules. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 8