- 1 - HC-KAR CNR: KAHC010508262023 NC: 2026:KHC:42280-DB COMAP No. 429 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO.429 OF 2023 (RES) BETWEEN: M/S SRI. SHANMUGA MODERN RICE MILLS (P) LTD., KGF MAIN ROAD, DESHIHALLI, DESHIHALLI POST, BANGARPET 563114 REPRESENTED BY ITS MANAGING DIRECTOR/DIRECTOR SHANMUGAM …APPELLANT (BY SRI. S. JAGAN BABU, ADV.) AND: SRI.B.M. SURESH S/O MUNIVENKATAPPA, AGED ABOUT 48 YEARS, R/O BYADABELE VILLAGE, INORAHOSAHALLI, KASABA HOBLI, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010508262023 NC: 2026:KHC:42280-DB COMAP No. 429 of 2023 BANGARPET TALUK 563114 …RESPONDENT (BY SMT. G. K. BHAVANA, ADV.) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE AT KOLAR, KOLAR IN COM.O.S. NO.3/2020, 2. TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.07.2023 PASSED BY THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE AT KOLAR, IN COM.O.S. NO. 3/2020 AND DISMISS THE SUIT OF RESPONDENT/PLAINTIFF AS PRAYED FOR BY THE APPELLANT/DEFENDANT IN THE WRITTEN STATEMENT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR CNR: KAHC010508262023 NC: 2026:KHC:42280-DB COMAP No. 429 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. A memo for withdrawal is placed by the learned counsel for the appellant and it is submitted that the matter has been settled out of Court and the appeal may be dismissed as settled out of Court and refund of the Court fee may be ordered to the appellant. 3. It is submitted that the respondent had been permitted by Order dated 22.08.2024 to withdraw an amount of Rs.16,85,653/- out of the amount deposited by the appellant. However, the applicant-respondent was directed to furnish surety for a like sum to the satisfaction of the Registry in terms of landed properties and that documents were directed to be furnished before this Court. 4. Having considered the contentions advanced and in view of the withdrawal of the appeal, the amount which was deposited by the appellant before this Court shall be released to the respondent on proper identification. The surety, if any, - 4 - HC-KAR CNR: KAHC010508262023 NC: 2026:KHC:42280-DB COMAP No. 429 of 2023 furnished by him shall stand discharged by the withdrawal of the appeal. Any original documents submitted by the appellant shall be returned to the appellant. Court fee paid by the appellant shall be refunded to the appellant on proper identification as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RAK List No.: 1 Sl No.: 30