- 1 - HC-KAR NC: 2026:KHC:10149-DB COMAP No. 563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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. 563 OF 2025 BETWEEN: DR. JAYAPRAKASH SUBRAMANI S/O SUBRAMANI, AGED ABOUT 36 YEARS, RESIDING AT NO.64/1, BAJANAI KOIL STREET, AMMOOR, VELLORE, TAMIL NADU …APPELLANT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) AND: 1. M/S MOHATA CONSTRUCTIONS COMPANY A PARTNERSHIP FIRM FORMED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, HAVING ITS REGISTERED OFFICE AT NO.25, SADUL GANJ, BIKANER, RAJASTHAN, REP BY ITS PARTNERS, SRI. SANDEEP MOHATA, S/O RAMAN LAL MOHATA, AGED ABOUT YEARS, R/O FLAT NO.12084, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10149-DB COMAP No. 563 of 2025 PRESTIGE WELLINGTON PARK, NO.1 AND 2 IAF MAIN ROAD, GANGAMMA CIRCLE, JALAHALLI EAST, BANGALORE-560 030 2. NANO SCIENCE AND OZONE TECHNOLOGIES PVT LTD.,A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING OFFICE AT NO.59, SURYA PRABHA, FIRST FLOOR, 2ND CROSS, HENNUR GRACE TOWN, KALYAN NAGAR POST, BANGALORE-560 043. REP BY ITS MANAGING DIRECTOR, …RESPONDENTS THIS COMAP IS FILED U/S. 13(1-A) OF COMMERCIAL COURT ACT 2015, PRAYING TO SET ASIDE THE ORDER DATED 17.09.2025, PASSED IN COM.EX. NO. 62/2023 BY THE COURT OF LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-85), IN COM.EX.NO.62/2023 AND CONSEQUENTLY ALLOWED THE IA NO. 3 FILED BY THE APPELLANT. 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. Learned counsel appearing for the appellant seeks to withdraw the present appeal with liberty to avail of other remedies. - 3 - HC-KAR NC: 2026:KHC:10149-DB COMAP No. 563 of 2025 2. Appeal is dismissed as withdrawn. 3. This order will not preclude the appellant from availing of any other remedy, if otherwise available in law. 4. Pending I.As., if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 24