- 1 - HC-KAR NC: 2026:KHC:11913-DB COMAP No. 130 of 2024 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. 130 OF 2024 BETWEEN: 1. M/S. ARIA BREW AND DINE PRIVATE LIMITED A REGISTERED COMPANY HAVING ITS OFFICE AT NO.40/1, 3RD FLOOR CENTURY CORBEL COMMERCIAL SAHAKAR NAGAR MAIN ROAD (60 FT ROAD) BENGALURU - 560 092 REPRESENTED BY ITS MANAGING DIRECTOR AND AUTHORISED SIGNATORY MR K.R. RAVISHANKAR …APPELLANT (BY SRI DHANANJAY V. JOSHI, SENIOR ADVOCATE A/W SRI VACHAN H.U. ADVCOATE AND SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. M/S. CENTURY CORBEL A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER MR P ASHWINI PAI AND MR MAHESH PRABHU 2. MR P. ASHWIN PAI AGED ABOUT 44 YEARS S/O MR SATISH P PAI Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11913-DB COMAP No. 130 of 2024 3. MR. MAHESH PRABHU AGED ABOUT 47 YEARS FATHER'S NAME NOT KNOWN TO THE APPELLANT RESPONDENT NOS. 1 TO 3 ARE R/AT NO.10/1, LASKHMINARAYANA COMPLEX GROUND FLOOR PALACE ROAD BENGALURU - 560 052 …RESPONDENTS (BY SRI CHANDAN K., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(a) OF COMMERCIAL COURT ACT READ WITH ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 19.03.2024 ONE PASSED BY THE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-86) (COMMERCIAL COURT) IN COM.O.S. NO. 1789/2022 AND PASS AN APPROPRIATE ORDER TO DECREE THE SUIT FILED BY THE APPELLANT HEREIN BEFORE THE TRIAL COURT & ETC. THIS APPEAL, COMING ON FOR HEARING, 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 appellant has filed the present appeal impugning the judgment and decree dated 19.03.2024 passed by the learned LXXXV Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com.O.S No.1789/2022. The impugned judgment was rendered in the said suit instituted by the appellant - 3 - HC-KAR NC: 2026:KHC:11913-DB COMAP No. 130 of 2024 seeking recovery of a sum of `6,75,38,342/- along with interest at the rate of 12% per annum. 2. The respondents also filed a counter claim. The learned Commercial Court had dismissed the suit filed by the appellant and allowed the counter claim. The appellant has filed a separate appeal challenging the impugned judgment and decree insofar as it allows the counter claim. The present appeal is confined to the challenge to the impugned judgment and decree insofar as it rejects the appellant's claim. 3. Mr. Dhananjay V. Joshi, the learned Senior Counsel appearing for the appellant submits that the appeal may be dismissed as not pressed. 4. In view of the above, the present appeal is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.:47.1