- 1 - HC-KAR NC: 2025:KHC:41154-DB COMAP No. 148 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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.148 OF 2025 BETWEEN: 1. ATRIA BRINDAVAN POWER PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING OFFICE AT NO.11, 1ST FLOOR, COMMISSARIAT ROAD, BANGALORE - 560 025 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. CHINNASWAMY SUNDER RAJU. 2. MR. CHINNASWAMY SUNDER RAJU S/O LATE SRI A.S CHINNASWAMY RAJU AGED ABOUT 66 YEARS R/AT NO.294, UPPER PALACE ORCHARDS BANGALORE -560 080. 3. MR. K NAGARAJU S/O LATE SRI KUPPARAJU AGED ABOUT 64 YEARS R/AT NO.158, 2ND MAIN, 1ST BLOCK DOLLARS COLONY RMV 2ND STAGE, ASHWATH NAGAR, BANGALORE - 560 094. 4. RAJU FAMILY TRUST A TRUST REGISTERED UNDER THE INDIAN TRUSTS ACT Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41154-DB COMAP No. 148 of 2025 HAVING ITS OFFICE AT NO.1, PALACE ROAD, BANGALORE-560 001 REPRESENTED BY ITS TRUSTEE MR. CHINNASWAMY SUNDER RAJU. …APPELLANTS (BY SRI. C.K. NANDAKUMAR, SR. ADV. A/W MS. ASHWINI PATIL, ADV. AND SRI AJAY J NANDALIKE, ADV.) AND: 1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 601, 6TH FLOOR, AMITI BUILDING, AGASTYA CORPORATE PARK KAMANI JUNCTION, KURLA WEST, MUMBAI -400 070 REP. BY ITS AUTHORISED REPRESENTATIVE 2. BABOON INVESTMENTS HOLDING B.V OUDE LINDESTAT 70, HEERLEN 6411, EJ, NETHERLANDS. 3. OMKARA ASSET RECONSTRUCTION PVT. LTD., ACTING AS TRUSTEE OF OMKARA PS28/2023-24 TRUST, C-515, KANAKIA ZILLION, JUNCTION OF LBS ROAD AND, CST ROAD, KURLA WEST MUMBAI -400 070 REPRESENTED BY ITS DIRECTORS. 4. AXIS TRUSTEE SERVICES LTD., AXIS HOUSE, BOMBAY DYING MILLS COMPOUND, PANDURANG BUDHKAR MARG, WORLI, MUMBAI -400 025. …RESPONDENTS (BY SRI. UDAYA HOLLA, SR. ADV. A/W - 3 - HC-KAR NC: 2025:KHC:41154-DB COMAP No. 148 of 2025 SRI AVINASH BALAKRISHNA, ADV. FOR R1 SRI TAMARRA SEQUEIRA, ADV. FOR R2 SRI SRINIVASAN, V. RAGHAVAN, SR. ADV. A/W SRI VINAY KUTTAPPA, ADV.F OR R3 SRI T SURYANARAYANA, SR. ADV. FOR SRI SHARAN B TADAHAL, ADV. FOR C/R-4) THIS APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 25.02.2025 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, IN THE INTERIM APPLICATION NO.11/25 AND CONSEQUENTLY ALLOW THE INTERIM APPLICATION 11/25 FILED IN COM.OS NO. 298/2024; B. SET ASIDE THE IMPUGNED ORDER DATED 25.02.2025 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, IN THE INTERIM APPLICATION NO.12/25 AND CONSEQUENTLY ALLOW THE INTERIM APPLICATION 12/25 FILED IN COM.OS NO. 298/2024 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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. Learned senior counsel Mr.C.K.Nandakumar appearing for the appellants seeks to withdraw the appeal In view of the order passed by this Court in COMAP.No.209/2024. - 4 - HC-KAR NC: 2025:KHC:41154-DB COMAP No. 148 of 2025 2. The appeal is dismissed as withdrawn. 3. All rights and contentions of the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE NC CT:bms List No.: 1 Sl No.: 0