- 1 - HC-KAR NC: 2025:KHC:52477-DB COMAP No. 121 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. 121 OF 2023 BETWEEN: M/S SRIT INDIA PRIVATE LIMITED, SRIT HOUSE, REP BY ITS MANAGING DIRECTOR, DR. MADHU NAMBIAR OFFICE AT NO.113/1, ITPL MAIN ROAD, KUNDALLAHALLI, BANGALORE - 560037. …APPELLANT (BY SRI. SUNIL KUMAR SAMANT., ADVOCATE) AND: 1. M/S ESYASOFT TECHNOLOGIES PRIVATE LIMITED REP. BY MR. BIPIN CHANDRA, DIRECTOR, NO.17, 1ST FLOOR, INNOVA PEARL, 5TH BLOCK, KORAMONGALA INDUSTRIAL LAYOUT, KORAMONGALA, BANGALORE - 560095. 2. DIRECTOR ARBITRATION AND CONCILIATION CENTRE, KHANIJA BHAVANA, NO.49, 3RD FLOOR, EAST WING, RACE COURSE ROAD, BANGALORE - 560001. KARNATAKA, INDIA EMAIL ID. arbkarblr@gmail.com Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:52477-DB COMAP No. 121 of 2023 3. DIRECTORATE OF MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL, NO.49, GROUND FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI. KRISHNA KUMAR K., ADVOCATE FOR R1; R2 & R3 ARE SERVED) THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING THAT TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER, DATED 21.01.2023 PASSED IN COMAP NO. 10/2022 ON THE FILE OF THE COURT OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT BANGALORE(CCH-90) AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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: "It is submitted that the Appellant has preferred this appeal against the dismissal of the Arbitration suit bearing No 10/2022 disposed by the learned Sessions Judge in CCH 90 of commercial - 3 - HC-KAR NC: 2025:KHC:52477-DB COMAP No. 121 of 2023 court Bangalore Urban. It is further submitted by the appellant is that the Appellant and the Respondent has amicably settled the issues in the pending Execution case of the Commercial Court Bangalore in case No COM.EX 299/2022 at CCH 83 on August 5th 2025, simultaneously the learned Judge has already passed an order for closing the case on 05/08/2025 in the abovementioned COM.EX 299/2022. Hence under the above-mentioned circumstances the present appeal is infructuous, as such the appellant is willing to "not press" the appeal, hence this memo." 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.: 11