- 1 - HC-KAR NC: 2026:KHC:30289-DB MFA No. 2743 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.2743 OF 2019 (IA) BETWEEN: THE MALENADU ARECA MARKETING CO-OPERATIVE SOCIETY LTD. REPRESENTED BY ITS MANAGING DIRECTOR APMC YARD, SAGAR ROAD SHIVAMOGGA-577 401. …APPELLANT (BY SRI JAYAPRAKASH R.V., ADVOCATE) AND: 1. M/S. SREE RAMA TRADERS BEETLE NUT MERCHANTS NO.5, APMC YARD SAGAR-577 401. SHIVAMOGGA DISTRICT BY ITS MANAGING PARTNER SRI ASHWINI KUMAR. 2. SRI ASHWINI KUMAR S/O. LATE S.R. THIMMAPPA AGED ABOUT 49 YEARS. 3. SMT JAYALAKSHMI W/O S.R. THIMMAPPA AGED ABOUT 66 YEARS. 4. SMT. RAJASHREE W/O. ASHWINI KUMAR AGED ABOUT 43 YEARS Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30289-DB MFA No. 2743 of 2019 RESPONDENT NOS.2 TO 4 ARE RESIDENTS OF "ADVAITHA" VINOBANAGAR SAGAR SHIVAMOGGA DISTRICT-577 401. …RESPONDENTS (BY SRI S.V. PRAKASH, ADVOCATE FOR R-1 TO R-4) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 75(2) OF THE PROVINCIAL INSOLVENCY ACT, 1920, AGAINST THE JUDGMENT AND ORDER DATED 14-12-2018 PASSED IN IP.NO.2/2004 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AT SHIVAMOGGA, DISMISSING THE INSOLVENCY PETITION FILED UNDER SECTION 9 READ WITH SECTION 4, 53 AND 31 OF THE PROVINCIAL INSOLVENCY ACT, 1920. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal on the ground that the dispute between the parties has been settled in terms of the Joint Memo executed on 10.11.2025. - 3 - HC-KAR NC: 2026:KHC:30289-DB MFA No. 2743 of 2019 The Joint Memo is accepted. The appeal is dismissed as withdrawn. The Registry is directed to retransmit the Trial Court records forthwith. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 38