- 1 - HC-KAR NC: 2025:KHC:43638-DB COMAP No. 361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST 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. 361 OF 2025 BETWEEN: 1. SRI MANISH CHANDAK AGED ABOUT 56 YEARS S/O. DR. GIRISH CHANDAK 2. SMT. ANJANA CHANDAK AGED ABOUT 54 YEARS W/O. MANISH CHANDAK (1) AND (2) R/A. A-3, 702, WHITE HOUSE, 6TH MAIN, 15TH CROSS, R.T. NAGAR BENGALURU 560 032 3. SRI. VADITH TAPADIA AGED ABOUT 42 YEARS S/O. VENU GOPAL TAPADIA R/A. NO. 59-7-1B, MYTHRI RESIDENCY, KUNCHUKOTA VARI STREET, BHASYAM PUBLIC SCHOOL LANE GAYATHRI NAGAR VIJAYAVADA 520 008 …APPELLANTS (BY SRI. SUDHINDRA MURTHY V, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43638-DB COMAP No. 361 of 2025 AND: SMT SHRADDHA RATHI AGED ABOUT 50 YEARS W/O. SUSHEEL RATHI R/A. NO.18A, BINNY CRESCENT APARTMENT, BENSON TOWN, BENGALURU 560 046 REPRESENTED BY HER AGENT MS. ARPITA BHATTAD …RESPONDENT (BY SMT POORNIMA HATTI, ADVOCATE FOR C/R) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 3.05.2025 PASSED BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) (COMMERCIAL COURT) IN COM.A.A. NO.153/2025 IN SO FAR AS ALLOWING THE IA NOs. IV UNDER SEC.9 OF ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC.10(3) OF THE COMMERCIAL COURTS ACT, 2015 AND SEC.151 OF CPC (ANNEXURE - A). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:43638-DB COMAP No. 361 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellants submits that the present appeal has been rendered infructuous and may be dismissed as withdrawn. 2. Ordered accordingly. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 79