- 1 - HC-KAR NC: 2025:KHC:43037-DB COMAP No. 43 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 43 OF 2025 BETWEEN: 1. MR. S.Y. CHIKKATTI AGED ABOUT 7O YEARS THE PRESIDENT CHIKKATTI GROUP OF INSTITUTION MUNDARGI ROAD GADAG - 582 101. 2. THE PRINCIPAL, VINAY CHIKKATTI SCHOOL MUNDARGI ROAD NEAR ADAVISOMAPUR GADAG - 582 103. …APPELLANTS (BY SRI Y. PRAKASH, ADVOCATE FOR SRI Y.K. NARAYANA SHARMA, ADVOCATE) Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43037-DB COMAP No. 43 of 2025 AND: 1. M/S VAPS TECHNO SOFT PVT LTD REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. GOVINDAIAH. M HAVING IT OFFICE AT NEW NO.58 OLD NO.20, 1ST MAIN ROAD KHB 1ST STAGE, KAMAKSHIPALYA BENGALURU KARNATAKA - 560 079. …RESPONDENT (BY SRI. VIJAY NARAYAN.,ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT 2015, PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 11.11.2024 PASSED THEREIN AND DISMISS THE SUIT OR IN THE ALTERNATIVE IF THE SUIT IS FOUND TO BE MAINTAINABLE THEN TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.11.2024 IN COM.OS.NO. 154/2024 AND REMAND THE CASE TO THE TRIAL COURT PROVIDING OPPORTUNITY TO THE APPELLANTS / DEFENDANTS TO LEAD THEIR EVIDENCE AND FOR DISPOSAL OF THE SUIT IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43037-DB COMAP No. 43 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel appearing for the parties state that the parties have settled their disputes. 2. The learned counsel for the appellants seeks to withdraw the present appeal with a request that the Court fee be refunded. 3. The appeal is dismissed as withdrawn. 4. Registry is directed to refund the Court fee to the appellants, in accordance with Rules. 5. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS, List No.: 1 Sl No.: 65