- 1 - HC-KAR CNR: KAHC010641302026 NC: 2026:KHC:52349-DB COMAP No. 444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 444 OF 2026 BETWEEN: SS SPARSH HOSPITAL NO. 8, IDEAL HOMES, NBSC LAYOUT, JAVARANDODDI, RR NAGAR, BANGALORE – 560 098 REPRESENTED BY ITS MANAGER (QUALITY AND OPERATIONS) …APPELLANT (BY SRI. SRIPADA VENKATA JOGA RAO., ADVOCATE) AND: M/S. FOCUS MEDISALE PRIVATE LIMITED SY. NO. 46/2, NO. 391, BLOCK - 7 AKR TECHPARK ROAD, G.B. PALYA, HOSUR ROAD, BENGALURU – 560 068 REPRESENTED BY ITS DIRECTOR MR. MAHENDRA CHOWHAN …RESPONDENT THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.03.2026 AT ANNEXURE A AND DIRECT THE COMMERCIAL COURT TO RESTORE AND RECONSIDER THE COM.O.S NO.414/2022 AFRESH ON MERITS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010641302026 NC: 2026:KHC:52349-DB COMAP No. 444 of 2026 CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant submits that he would like to withdraw the appeal and pursue alternate remedy. Placing the submission on record, the appeal is dismissed as withdrawn, with liberty to pursue an alternate remedy as available to the appellant under the law. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK; List No.: 1 Sl No.: 12