- 1 - HC-KAR CNR: KAHC010526112022 NC: 2026:KHC:46369-DB COMAP No. 471 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA COMMERCIAL APPEAL NO. 471 OF 2022 BETWEEN: SRI A N SUBBARAJU AGED ABOUT 68 YEARS S/O LATE A.S. NAGARAJ GUPTA PRESENTLY R/AT NOS. 28, 28/1, 28/2 CITI CENTRE, THIRD FLOOR CHURCH STREET, BANGALORE 560 001 …APPELLANT (BY SRI. RAGHAVENDRA C., ADV. FOR SRI. G.BALAKRISHNA SHASTRY, ADV.) AND: 1. SRI DINESH M BHATIA AGED ABOUT 49 YEARS S/O MADANLAL BHATIA HAVING HIS OFFICE AT NO.104, FIRST FLOOR, JALA CHAMBER NO.17, KUMARA KRUPA ROAD, BENGALURU 560 001 2. MESSRS ABDU DHABI COMMERCIAL BANK Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010526112022 NC: 2026:KHC:46369-DB COMAP No. 471 of 2022 A BODY INCORPORATED IN THE UNITED ARAB EMIRATES HAVING ITS REGISTERED OFFICE AT NO.75 B, "REHMAT MANZIL" VEER NARIMAN ROAD, MUMBAI 400 020 BRANCH OFFICE INTER ALIA AT G-3, EMBASSY SQUARE NO.148, INFANTRY ROAD, BENGALURU 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE-INDIA MR. IBRAHIM ABDUL WAHID AND ASSISTANT VICE PRESIDENT AND BRANCH MANAGER MR. V. JAGANNATHAN AND CURRENT BRANCH HEAR MR. JAYAGOPAL GAJENDRA …RESPONDENTS (BY SRI. L P E REGO, ADV. FOR C/R1; SRI. V J ACHALANAND, ADV. FOR C/R2) THIS COMAP IS FILED U/S 13 OF THE COMMERCIAL COURT ACT, 2015 R/W ORDER XL RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 12.09.2022 PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL & SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) AT BENGALURU CITY (CCH NO.89) IN COMMERCIAL O.S.NO.3361/2012 AND ALLOW THE APPEAL BY DISMISSING THE SUIT OF THE PLAINTIFF AND PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT. THIS 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 T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010526112022 NC: 2026:KHC:46369-DB COMAP No. 471 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. Recording the memo, appeal is dismissed as withdrawn. Registry shall refund the Court fee to the appellant as applicable, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PN List No.: 1 Sl No.: 5