- 1 - HC-KAR CNR: KAHC010436822026 NC: 2026:KHC:54806-DB COMAP No. 332 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 332 OF 2026 BETWEEN: 1. M/S KARUNAI GRANITES PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.3/555, KARUNAI NAGAR JAGADEVIPALAYAM VILLAGE AND POST BARUGUR TALUK KRISHNAGIRI DISTRICT-635 203, TAMIL NADU REPRESENTED HEREIN BY ITS MANAGING DIRECTOR/AUTHORIZED SIGNATORY SRI KARUNAKARAN …APPELLANT (BY SRI RUPESH KUMAR S, ADVOCATE [ABSENT]) AND: 1. KARNATAKA STATE FINANCIAL CORPORATION (KSFC) A BODY CORPORATE ESTABLISHED UNDER THE STATE FINANCIAL CORPORATIONS ACT, 1951 HAVING ITS HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD VASANTHNAGAR BENGALURU-560 052 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010436822026 NC: 2026:KHC:54806-DB COMAP No. 332 of 2026 2. M/S. PRASHANTH MINERALS EXPORT PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.183 "VAIBHAV", 2ND CROSS, I BLOCK SBM ROAD, KORAMANGALA BENGALURU - 560 034 3. SHRI N SRIDHAR S/O N JAYARAMI REDDY RESIDING AT NO. 16/2 ANJANEYA TEMPLE STREET V V PURAM, BANGAORE-560 004 4. SHRI N UDAY KUMAR S/O SRI B V KRISHNA RAO RESIDING AT NO. 3-C 'JEEVAN APARTMENTS', NO. 219 R.M.V. EXTENSION BENGALURU-560 080 …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO ALLOW THE COMMERCIAL APPEAL AND SET ASIDE THE ORDER DATED 01.06.2026 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) THEREBY ALLOWING THE APPLICATION FILED BY THE APPELLANT HEREIN UNDER ORDER IX RULE 7 OF THE CODE OF CIVIL PROCEDURE THEREBY SETTING ASIDE THE ORDER DIRECTING THE APPELLANT HEREIN TO DEPOSIT A SUM OF RS.40.82 CRORES AS CONDITION PRECEDENT TO SET ASIDE THE EX PARTE ORDER. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010436822026 NC: 2026:KHC:54806-DB COMAP No. 332 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) 1. There is no representation on behalf of the appellant to press this appeal either in the first call or in the revised call. In view thereof, we have no option but to dismiss the appeal for non-prosecution. 2. Accordingly, the appeal is dismissed for non-prosecution. In view of dismissal of the appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BKV CT:SN List No.: 2 Sl No.: 4