- 1 - HC-KAR NC: 2026:KHC:15312-DB COMAP No. 298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 298 OF 2025 BETWEEN: 1. PREETHI A SINGH W/O LATE ASHWIN KUMAR N SINGH AGED ABOUT 42 YEARS 2. TANYA A. SINGH D/O LATE ASHWIN KUMAR N SINGH AGED ABOUT 19 YEARS BOTH ARE RESIDING AT NO. 355, 8TH MAIN ROAD 7TH CROSS ROAD BEHIND CARMEL SCHOOL PADMANABHANAGAR BANGALORE - 560 070 …APPELLANTS (BY SRI BHASKAR GOWDA N.M., ADVOCATE) AND: 1. M/S BMS ENTERPRISES A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER M KUMAR REGISTERED OFFICE AT NO.1 3RD FLOOR, SITE NO. 20 AND 21 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15312-DB COMAP No. 298 of 2025 CHIKKALASANDRA UTTARAHALLI MAIN ROAD BANGALORE - 560 061 REPRESENTED BY ITS AUTHORIZED SIGNATORY M SURESH S/O MUNIRAMASWAMY 2. VYAKTI VIKAS KENDRA INDIA A PUBLIC CHARITABLE TRUST AT NO. 19, 39TH A CROSS 11TH MAIN ROAD 4TH T BLOCK, JAYANAGAR BANGALORE - 560 041 REPRESENTED BY ITS TRUSTEE PRASANNA MANJUNATHA PRABHU …RESPONDENTS (BY SRI V.B. RAVISHANKAR, ADVOCATE FOR R-1 & SRI B.S. RAGHU PRASAD, ADVOCATE FOR R-2) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) OF COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED 21.04.2025 PASSED ON I.A.NO.1 FILED IN COM.AA.NO.9/2025 BY THE LEARNED X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT (COMMERCIAL COURT) AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15312-DB COMAP No. 298 of 2025 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 counsel appearing for the appellants submits that Com.A.A.No.9/2025 has been disposed of by the learned Commercial Court on 09.10.2025. Hence the present appeal has become infructuous. 2. Accordingly, the appeal is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 1 Sl No.: 4