- 1 - HC-KAR NC: 2025:KHC:32514-DB COMAP No. 439 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 439 OF 2024 BETWEEN: 1. MR. JOHN THOMAS, S/O K.P. THOMAS AGED 47 YEARS, RESIDING AT 19C, SKYLINE DOMAIN, OPP INFOSYS, KARIMANAL P.O. THIRUVANANTHAPURAM-695 583. 2. MR. CLYDE JOSEPH D'ROZARIO, S/O MR. A.J.D. ROZARIO RESIDING AT H.No.1/722 (A), ROZVILLE, NEAR BISHOP'S HOUSE, FORT KOCHI, KERALA - 682 001 3. MOTHERJANE MUSIC PRODUCTION LLP A LIMITED LIABILITY PARTNERSHIP BEARING LLPIN AAQ-7618, REPRESENTED BY MR. JOHN THOMAS AND MR. CLYDE D'ROZARIO HAVING OFFICE AT: A2, 32/874 (43/1022) PALLICHAMBAYIL ROAD PALARIVOTTOM KOCHI, ERNAKULAM, KERALA - 682 025 …APPELLANTS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32514-DB COMAP No. 439 of 2024 (BY SRI. SRINIVASA .N., ADVOCATE FOR SMT. MUBARAK BEGUM S., ADVOCATE) AND: M/S. AUM-I ARTISTES PRIVATE LIMITED, HAVING ITS OFFICE AT 2ND FLOOR, RED BRO ARCADE SY. No.509/2, OPP. ESSAY PETROLEUM, HORAMAVU KALKERE MAIN ROAD BENGALURU-560 043 REPRESENTED BY ITS DIRECTOR MR. SURAJ MANI …RESPONDENT (BY SRI. AKASH SHERWAL, ADVOCATE FOR SMT. POORNIMA HATTI, ADVOCATE FOR C/R) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO (a) SET ASIDE THE ORDER PASSED BY THE COMMERCIAL COURT IN COM OS No.1310/2023, ON IA No.1 FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF THE CIVIL PROCEDURE CODE VIDE ITS ORDER DATED 07.02.2024 BY THE HON'BLE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, I/C (88) COMMERCIAL COURT) BENGALURU AND ETC. THIS COMMERCIAL APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32514-DB COMAP No. 439 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellants filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 31