- 1 - HC-KAR NC: 2026:KHC:11593-DB COMAP No. 546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 546 OF 2025 BETWEEN: 1. KEMPASHANAIAH K SON OF KEMPASIDDAIAH AGED ABOUT 38 YEARS R/O SRIPATHIAHALLI, BARAGENAHALLI NELAMANGALA - 56211 BENGALURU RURAL DISTRICT 2. KEMPASIDDAIAH SON OF ANDALAYA AGED ABOUT 69 YEARS R/O SRIPATHIAHALLI, BARAGENAHALLI NELAMANGALA - 56211 BENGALURU RURAL DISTRICT …APPELLANTS (BY SRI RAGHU H., ADVOCATE) AND: 1. M/S HDB FINANCIAL SERVICES LTD A PUBLIC LIMITED COMPANY UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, ZENITH HOUSE KESHVARAO KHADYE MARG OPP. RACE COURSE, MAHALAXMI MUMBAI - 400 013 AND REGIONAL OFFICE AT NO. 2079/43 2ND FLOOR, 9TH CROSS ROAD Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11593-DB COMAP No. 546 of 2025 HOSAHALLI EXTENSION, VIJAYANAGAR BENGALURU - 560 104 REPRESENTED BY ITS LEGAL MANAGER SRI VARUN …RESPONDENT THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTIONS 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE ORDER DATED 10.09.2025 PASSED IN COMM.EX.NO. 217/2023 BY THE XI ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT (COMMERCIAL ESTABLISHMENT) & ETC. THIS APPEAL, COMING ON FOR ORDERS, 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. The learned counsel appearing for the appellants seeks to withdraw the present appeal. 2. The appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 2 Sl No.: 11