- 1 - HC-KAR CNR: KAHC010362302026 NC: 2026:KHC:44099-DB COMAP No. 289 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.289 OF 2026 BETWEEN: M/S. WATER EXPRESS LINE LLP A LIMITED LIABILITY PARTNERSHIP (LLP) REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008, HAVING ITS R/O AT NO.92, 4TH FLOOR, MULI JETHA SOCIETY, 185/187 PRINCES STREET, MUMBAI CITY, MAHARASHTRA - 02, AND HAVING ITS LOCAL OFFICE AT NO.B1, DHANUR BUILDING, 15, SRI P.M. ROAD, FORT, MUMBAI - 400001. …APPELLANT (BY MS. YAMINI MUNIRAJ, ADVOCATE FOR SRI. SAKET BISANI, ADVOCATE) AND: M/S. RISHI FIBC SOLUTIONS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS R/O AT 7TH FLOOR, INDIRA COMPLEX, SINDHWAI MANJAPUR, VADODARA - 390004, GUJARAT, INDIA, Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010362302026 NC: 2026:KHC:44099-DB COMAP No. 289 of 2026 AND HAVING ITS LOCAL OFFICE AT SY. NO.70/1, THANDYA INDUSTRIAL AREA, ADAKANAHALLI VILLAGE, NANJANGUDU, MYSURU - 571301. …RESPONDENT THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) R/W SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, READ WITH ORDER 43 RULE 1 CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 04.02.2026 PASSED IN COM.O.S.NO.212/2024 REJECTING THE APPELLANT'S APPLICATION UNDER ORDER VII RULE 11 CPC AND ETC., 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 MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 04.02.2026 passed by the learned Commercial Court and II Additional District and Sessions Judge, Mysuru, in Com. O.S.No. 212/2024, in dismissing the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908. 2. Concededly, the present appeal is not maintainable as the order is not an appealable order. The learned counsel for the appellant seeks to withdraw the present appeal and further prays that the court fee be refunded. - 3 - HC-KAR CNR: KAHC010362302026 NC: 2026:KHC:44099-DB COMAP No. 289 of 2026 3. In view of the above, the present appeal is dismissed as withdrawn. 4. The registry is directed to refund the court fee as per the Rules. 5. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE CKL List No.: 2 Sl No.: 13