- 1 - HC-KAR NC: 2025:KHC:52605-DB COMAP No. 402 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 402 OF 2023 BETWEEN: TD SAI INVESTMENT TRUST HAVING OFFICE NO 1, CHAITHANYA SHARAN, GUNJAR, BENGALURU, KARNATAKA 560087 REPRESENTED BY ITS AUTHORISED SIGNATORY, MS. HEMAMAILINI NIDAMANURI. …APPELLANT (BY SRI. ARVIND RAO, ADVOCATE FOR SRI. GEORGE JOSEPH, ADVOCATE FOR M/S DUO ASSTS., ADVOCATES) AND: 1. BELENUS CHAMPION HOSPITALS PRIVATE LIMITED HAVING REGISTERED OFFICE AT NO A09, GR ONE AND ONLY, CHOODASANDRA OFF SARJAPUR ROAD, BENGALURU 560099. 2. DR. MANJUNATH S/O MR HANUMAIAH CHIKKAMUNIYAPPA, MAJOR, RESIDING AT NO.48, 3RD CROSS OPPOSITE DIVYA JOYOTHI EARTH, KASAVANHALLI CARMELARAM, BENGALURU 560035. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:52605-DB COMAP No. 402 of 2023 3. DR. MULLUR GOPALREDDY KISHORE KUMAR S/O MR GOPALREDDY, MAJOR RESIDING AT MULLURU CARMELARAM, BENGALURU 560035. 4. MRS. GOPI MONA D/O MR GOPI TUMKUR HANUMANTHARAYAPPA, MAJOR, RESIDING AT NO 241, 32ND CROSS, JAYANAGAR, 7TH CROSS, BANASHANKARI 2ND STAGE, BENAGALURU 560070. 5. MRS. JANATHGONDANAHALLI RAMAKRISHNA REDDY HAMSA D/O MR. RAMAKRISHNA REDDY, MAJOR, RESIDING AT NO 17, JANATHAGONDAHALLI, BENGALURU 560087. 6. CHAMPION LUXURY RESORTS PRIVATE LIMITED JS TOWER, L32, 2ND A MAIN, OUTER RING ROAD, AGARA 6TH SECTOR, HSR LAYOUT BENGALURU 560102. …RESPONDENTS (BY SMT. POORNIMA HATTI, ADVOCATE FOR C/R1 TO R5; V/O DATED 28.06.2024 NOTICE AGAINST R6 IS D/W) THIS APPEAL IS FILED UNDER SECTION 13 1(a) OF THE COMMERCIAL COURT ACT, 2015 PRAYING THAT TO SET ASIDE THE IMPUGNED ORDER DATED 24.07.2023 PASSED BY THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-83) IN COM.A.A. NO. 170/2023 (ANNEXURE- A) AND CONSEQUENTLY ALLOW THE PETITION BEARING COM. A.A.NO. 170/2023 AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52605-DB COMAP No. 402 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo reads as under: "The undersigned most respectfully submits that Appellant does not wish to pursue the above matter further and hence the Appellant may be permitted to withdraw the same. The instant memo may take non-record and necessary orders may be passed in the interest of justice and equity." 3. In view of the aforesaid memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 4