- 1 - HC-KAR NC: 2026:KHC:21014-DB COMAP No. 173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 173 OF 2026 BETWEEN: 1. M/S LONESTAR CREXCEL DEVELOPERS PVT. LTD. (FORMERLY INDAUS CREXCEL DEVELOPERS PVT LTD.) A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 REPRESENTED BY ITS DIRECTOR SRI ADVITEEYA KUMAR UDAYA REGISTERED OFFICE AT NO.33 PROMENADE ROAD, FRAZER TOWN BENGALURU - 560 005 2. SRI ADVITEEYA KUMAR UDAYA DIRECTOR M/S LONESTAR CREXCEL DEVELOPERS PVT. LTD. AGED ABOUT 45 YEARS S/O UDAYA KUMAR K OFFICE AT NO. 33 PROMENADE ROAD FRAZER TOWN BENGALURU - 560 005 3. SRI VIVEK MENON DIRECTOR M/S LONESTAR CREXCEL DEVELOPERS PVT. LTD. AGED ABOUT 56 YEARS S/O K.N. BALAKRISHNA MENON Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21014-DB COMAP No. 173 of 2026 OFFICE AT NO.33 PROMENADE ROAD FRAZER TOWN BENGALURU - 560 005 …APPELLANTS (BY SRI MANMOHAN P.N., ADVOCATE) AND: 1. ADRA CONSTRUCTIONS LLP A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT HAVING REGISTERED OFFICE AT GSTAAD HOTELS PRIVATE LIMITED JW MARRIOT HOTEL, NO. 24/1 VITTAL MALYA ROAD BENGALURU - 560 001 REPRESENTED BY ITS PARTNER ADITYA RAHEJA …RESPONDENT (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI SUSHAIL TIWARI M., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 28.02.2026 PASSED ON I.A. NO.2 PASSED IN COM.O.S.NO.96/2026 PASSED BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU AND CONSEQUENTLY, REJECT I.A.NO.2 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21014-DB COMAP No. 173 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned senior counsel appearing for the respondent has filed a memo for withdrawal of the IA.No.2 filed under Order XXXIX Rules 1 and 2 of CPC in Com.OS.No.96/2026. 2. It is stated that the application filed under Order XXXIX Rules 1 and 2 of CPC, in which the impugned order has been passed, is dismissed as withdrawn. Consequently, the impugned order does not survive. 3. The respondent also seeks liberty to file an appropriate application for securing its interest and to pursue other remedies in accordance with law. 4. This order will not preclude the respondent from availing any remedy otherwise available in law. Needless to state that if any - 4 - HC-KAR NC: 2026:KHC:21014-DB COMAP No. 173 of 2026 such other remedy is invoked, the same would be considered on its merits. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 11