- 1 - HC-KAR NC: 2026:KHC:27609-DB COMAP No. 49 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.49 OF 2025 BETWEEN: MR. PRABHAKARAN KIZHAKKEVEETIL S/O THE LATE V.M. UNNIKRISHNAN, AGED 55 YEARS, PARTNER: M/S. APR SALES CORPORATION R/AT FLAT NO.202, ARALIA BLOCK, MANAR SILVER SHADOWS, SARJAPUR ROAD, KASAVANAHALLI, POST: CARMELARAM, BENGALURU - 560035. …APPELLANT (BY SRI JANARDHANA G., ADVOCATE) AND: MR. SAJU THOMAS S/O P.M. THOMAS, AGED 59 YEARS, PARTNER M/S. APR SALES CORPORATION NO.12, J.R. ARCADE, 80 FEET ROAD, 1ST BLOCK, KORAMANGALA, BENGALURU-560034. ALSO AT: NO.295, KPCL LAYOUT, OFF SARJAPURA ROAD, KASAVANAHALLI, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27609-DB COMAP No. 49 of 2025 CARMELARAM POST, BENGALURU - 560035. …RESPONDENT (BY SMT. REVATHY ADINATH NARDE, ADVOCATE FOR C/R) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET-ASIDE THE DISMISSAL OF THE COMMERCIAL APPEAL NO.7/2022, PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-88), DATED 21.01.2025 AND CONSEQUENTLY ALSO SET-ASIDE THE ARBITRATION AWARD DATED 09.12.2021 PASSED BY THE LEARNED ARBITRATOR IN A.C.NO.178/2019, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the parties state that they have resolved the controversy in the present appeal to a large extent. The parties have agreed that two auditors would be appointed, one by each party. They would determine the amounts payable to the respondent. The parties have agreed that the cut off date for closing the accounts of the firm would be 31.03.2023 and the accounts would be drawn up till the said date. The auditors will be granted full access to the accounts, books and papers and all - 3 - HC-KAR NC: 2026:KHC:27609-DB COMAP No. 49 of 2025 documents that the auditors consider relevant. The parties also state that any further issues regarding implementing of the said decision may be left to the Executing Court. The firm would be dissolved as on the cut of date. 2. In view of the consent of the parties, the appeal is dismissed. 3. However, the parties are bound down to the consent terms as recorded. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 1 Sl No.: 15