- 1 - HC-KAR NC: 2025:KHC:26542-DB COMAP No. 192 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 192 OF 2021 BETWEEN: PARKWAY DEVELOPMENTS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT UNIT NO.210 AND 211, 2ND FLOOR, RICHMOND TOWERS, NO.12, RICHMOND ROAD BENGALURU - 560 025. REPRESENTED HEREIN BY ITS DIRECTOR MR. PREM KUMAR GAJRA. …APPELLANT (BY SRI. VIDUR NAIR, ADVOCATE FOR SRI. NITIN PRASAD, ADVOCATE) AND: 1. IDEB PROJECTS PRIVATE LIMITED (IN LIQUIDATION), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 9TH AND 10TH FLOOR, DELTA TOWER, SIGMA SOFT TECH PARK, NO.7, WHITEFIELD ROAD, VARTHUR KODI, BANGALORE - 560 066, REPRESENTED BY LIQUIDATOR MR. VELAYUDHAM JAYAVEL. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26542-DB COMAP No. 192 of 2021 2. MR. JUSTICE S VENKATRAMAN (RETD.) NO.161, II BLOCK, III STAGE, BASAVESHWARNAGAR, BENGALURU - 560 079. 3. MR. JUSTICE K. SHIVASHANKAR BHAT (RETD.) (SINCE DECEASED) NO.401, 12TH MAIN, RMV EXTENSION, SADASHIVANAGAR, BENGALURU - 560 080. 4. MR. JUSTICE G. PATRI BASAVANNA GOUD (RETD.) "GANGA", NO.58, JUDICIAL OFFICERS LAYOUT RMV II STAGE, BENGALURU - 560 094. …RESPONDENTS (BY SRI. AAKASH SHERWAL, ADVOCATE AND SRI. TUSHAR TYAGI M, ADVOCATE FOR SMT. POORNIMA HATTI, ADVOCATE) THIS COMAP / COMMERCIAL APPEAL IS FILED U/S 13(1A) OF THE COMMERCIAL COURTS ACT, 2015,R/W SEC. 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO 1. CALL FOR RECORDS IN COM.A.S.NO. 105/2015 AS WELL AS ARBITRAL RECORDS WHICH ARE BEFORE THE TRIAL COURT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:26542-DB COMAP No. 192 of 2021 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. This appeal is field by M/s. Parkway Developments Private Limited as against judgment dated 14.06.2021 passed by the LXXXVIII Additional City Civil and Sessions Judge (Commercial Court), Bengaluru City (CCH-89). 2. It is submitted by learned counsel for the Respondents that the Appellant-Company has been struck off in terms of Section 248 of Companies Act, 2013 on 16.10.2019 and that the Appeal itself was therefore incompetent. 3. Learned counsel appearing for the Appellant - Company submits that though the Company's name has been struck off from the Register of Companies on 16.10.2019, an application for restoration of the same has been filed before the NCLT. - 4 - HC-KAR NC: 2025:KHC:26542-DB COMAP No. 192 of 2021 4. In that view of the matter, this Appeal is dismissed. 5. However, in case, the NCLT passes favourable orders on the application for restoration filed by the Appellant- Company, the issue of revival of the Appeal shall be considered in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE BSV List No.: 1 Sl No.: 64 CT: BHK