- 1 - HC-KAR NC: 2026:KHC:30566-DB COMAP No. 287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 287 OF 2025 BETWEEN: 1. NAGARAJ N. KABADI S/O. NARAYANASA LOBOSA KABADI AGED ABOUT 48 YEARS RESIDING AT KABADI BUILDING HATALAGERI ROAD GADAG - 582 101 …APPELLANT (BY MS. KEERTANA S., ADVOCATE FOR SRI S. HEMANTH BHARADWAJ, ADVOCATE) AND: 1. USHA SHENOY W/O. G. NANDAGOPAL SHENOY AGED ABOUT 53 YEARS RESIDING AT 1-2-76/1 GURUNAGARA, AIRPORT ROAD KONCHADY MANGALURU - 575 008 THE PROPRIETRIX, M/S. DEVGIRI TEA AND PRODUCE 2. THE AUTHORISED SIGNATORY M/S. SACHIN TRADING COMPANY Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30566-DB COMAP No. 287 of 2025 TRADEMARK: VEDGIRI OFFICE AT 4-725/1, 4-725 4-726, 4-727, MAIN ROAD DARBE, PUTTUR - 574 202 3. THE MANAGING PARTNER M/S. SACHIN TRADING COMPANY TRADEMARK: VEDGIRI OFFICE AT 4-725/1, 4-725 4-726, 4-727, MAIN ROAD DARBE, PUTTUR - 574 202 4. THE PROPRIETOR/PROPREITRIX/PARTNER/ MANAGING PARTNER/AUTHORISED SIGNATORY M/S. SACHIN TRADING COMPANY TRADEMARK: VEDGIRI OFFICE AT 4-725/1, 4-725 4-726, 4-727, MAIN ROAD DARBE, PUTTUR - 574 202 5. THE MANAGER M/S. SACHIN TRADING COMPANY TRADEMARK: VEDGIRI OFFICE AT 4-725/1, 4-725 4-726, 4-727, MAIN ROAD DARBE, PUTTUR - 574 202 6. MANJUNATH NAYAK THE AUTHORISED SIGNATORY M/S. SACHIN TRADING COMPANY TRADEMARK: VEDGIRI OFFICE AT 4-725/1, 4-725 4-726, 4-727, MAIN ROAD DARBE, PUTTUR - 574 202 7. THE AUTHORISED SIGNATORY M/S. LOBOSA FOODS AND BEVERAGES - 3 - HC-KAR NC: 2026:KHC:30566-DB COMAP No. 287 of 2025 KSSIDC INDUSTRIAL ESTATE PLOT NO. L/6, HATALAGERI ROAD OFFICE AT 4-725/1, 4-725 GADAG - 582 101 8. THE MANAGER M/S. LOBOSA FOODS AND BEVERAGES KSSIDC INDUSTRIAL ESTATE PLOT NO. L/6, HATALAGERI ROAD OFFICE AT 4-725/1, 4-725 GADAG - 582 101 9. THE PROPRIETOR/PROPREITRIX/PARTNER/ MANAGING PARTNER/ AUTHORISED SIGNATORY M/S. LOBOSA FOODS AND BEVERAGES KSSIDC INDUSTRIAL ESTATE PLOT NO. L/6, HATALAGERI ROAD OFFICE AT 4-725/1, 4-725 GADAG - 582 101 …RESPONDENTS (BY SRI VINAYAK KAMATH K., ADVOCATE FOR C/R-1) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF COMMERCIAL COURTS ACT, 2015 READ WITH ORDER 43 RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE ORDERS DATED 18/02/2025 PASSED BY THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU (COMMERCIAL COURT) IN COM. O.S. No 269/2024 VIDE ANNEXURE-A & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:30566-DB COMAP No. 287 of 2025 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 appellant has failed and neglected to cure the office objections. 2. On the previous date of hearing - that is, the hearing held on 25.04.2026 - this Court had noted that the present appeal was listed before the concerned Registrar on seven prior occasions for compliance with the office objections. However, the same had not been complied with. A final opportunity was granted to the appellant to comply with the same on or before 10.06.2026 and it was clarified that if the same was not done, it would result in dismissal of the appeal. 3. The defects have not been cured as yet. 4. The learned counsel appearing for the appellant submits that she is receiving no instructions from the appellant and the appeal may be dismissed as not pressed. - 5 - HC-KAR NC: 2026:KHC:30566-DB COMAP No. 287 of 2025 5. Since the appellant has failed to comply with the office objections, despite sufficient opportunity, the appeal is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 14