- 1 - HC-KAR NC: 2025:KHC:53755-DB COMAP No. 177 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.177 OF 2022 BETWEEN: MR. NITIN KANJI SHAH AGED ABOUT 56 YEARS S/O LATE KANJI SHAH R/AT NO.7, KUNAL UPPER PIPELINE ROAD, KUMARA PARK WEST, BENGALURU 560 020. …APPELLANT (BY SRI. LAKSHMAIAH T., ADV. FOR SRI. S. MAHESH, ADV.) AND: 1. M/S. SHALIMAR AGARBATTI CO. A PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, HAVING OFFICE AT NO.32 AND 33 3RD CROSS, SRIRAMPURAM BENGALURU 560 020. REP BY ITS PARTNER ALKESH SHAH. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53755-DB COMAP No. 177 of 2022 2. LIFE INSURANCE CORPORATION OF INDIA D.A. BRANCH 1ST FLOOR, JEEVAN PRAKASH BUILIDING BENGALURU 560002 REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SMT. KARISHMA NAGHNOOR, ADV. FOR SRI. POPAT PRASHANT DHARMASINH, ADV. FOR R1; V/O DTD: 6.6.2022 NOTICE TO R2 IS DISPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT 2015, PRAYING TO A) SET ASIDE THE IMPUGNED ORDER DATED 04/01/2022 AT ANNEXURE-A PASSED BY THE HON'BLE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH 90), BENGALURU IN COM.O.S.NO.1599/2018 AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:53755-DB COMAP No. 177 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant has filed a memo dated 17.12.2025, seeking leave of the Court to withdraw the appeal, which reads as under; "The Appellant in the above matter most humbly submits that in the view certain circumstances, he is not desirous of prosecuting the present appeal as such seeks leave of this Hon'ble Court to withdraw the appeal in the interest of justice and equity." 2. Memo is placed on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 5