912-SA-229-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 229 OF 2026 Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd ...Appellant Versus Ms Elite Sainik Security Services ...Respondent _______________________________________________________________ Mr. Datta Pawar a/w Sakshi Jankar and Eshan Nayak, Advocate for the Appellant. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 8th October, 2026. P.C. : 1. Heard Mr. Datta Pawar, learned Advocate for the Appellant. 2. By this Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, the Appellant (original Defendant) assails the Judgment and Decree dated 31.08.2026, passed by the District Judge-7, Kolhapur (“Appellate Court”) in Regular Civil Appeal No. 12 of 2026, by which the order dated 06.12.2026, passed by the Civil Judge Senior Division, Kolhapur in Special Civil Suit No. 67 of 2025, rejecting the plaint has been set aside. 3. Mr. Datta Pawar, learned Advocate for the Appellant, on instructions from the Authorized Representative of the Appellant No. 1, Arjun 1 912-SA-229-2026.doc seeks leave to withdraw this Appeal. He submits that in the event the Respondent files any suit pursuant to the impugned Judgment and Decree dated 06.12.2025, then all the contentions of the Appellant be left open. The Appellant is always at liberty to raise all objections in the event the Respondent chooses to file a suit. 4. In view of the statement made by Mr. Datta Pawar, learned Advocate for the Appellant, leave is granted to withdraw the present Second Appeal. 5. Second Appeal No. 229 of 2026 is disposed of as withdrawn. (ASHWIN D. BHOBE, J.) Arjun 2 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.10.09 21:28:12 +0530