The High Court of Karnataka dismissed a commercial appeal styled as withdrawn. A compromise petition was admitted on record, leading the court to allow the appeal on withdrawal terms.
Appeal dismissed as withdrawn upon admission of compromise petition.
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NC: 2026:KHC:4360-DB COMAP No. 539 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 539 OF 2024
BETWEEN:
DROP SPIRITS NO.A-1, B-1, 005 GROUND FLOOR, SRINIVASAM, NEELADRI ROAD ELECTRONIC CITY, BANGALORE-100 REPRESENTED BY ITS PROPRIETOR MR B PRASHANTH
…APPELLANT
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA
(BY MR. SANATH KUMAR H, ADVOCATE FOR SRI. AJAY KADKOL T, ADVOCATE)
AND:
M/S PUNARJANI PROJECTS PVT LTD NO.14/2, CHIKKANAYAKANAHALLI SARJAPURA ROAD, CARMELRAM POST BANGALORE-35 REPRESENTED BY ITS MANAGING DIRECTOR MR BAIJU STEPHEN
…RESPONDENT (BY SRI. K. SUNDARAM, ADVOCATE FOR C/R)
NC: 2026:KHC:4360-DB COMAP No. 539 of 2024
HC-KAR
THIS COMAP IS FILED UNDER SEC.16 OF THE COMMERCIAL COURTS ACT, PRAYING TO REVERSE AND SET ASIDE THE JUDGMENT AND DECREE DATED 12.06.2024. PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS COURT (DEDICATED COMMERCIAL COURT), BANGALORE RURAL DISTRICT, BANGALORE IN COM OS NO. 73 OF 2024, BY WHICH JUDGMENT, THE TRIAL COURT HAS DECREE THE SUIT IN FAVOUR OF THE RESPONDENT HEREIN PLAINTIFF BEFORE THE TRIAL COURT AND FURTHER, HAS ORDERED THE APPELLANT TO QUIT, VACATE AND HAND OVER THE VACANT POSSESSION OF THE SUIT SCHEDULE PREMISED TO THE RESPONDENT HEREIN WITH 90 DAYS FROM THE DATE OF THE SAID ORDER AND FURTHER, HAS ORDERED THAT THE APPELLANT HEREIN IS LIABLE TO PAY ARREARS OF RENT OF RS. 18,11,250/- (RUPEES EIGHTEEN LAKSH ELEVEN THOUSAND TWO HUNDRED FIFTY ONLY) PLUS APPLICABLE GST TO THE RESPONDENT HEREIN WITHIN 90 DAYS OF THE SAID ORDER.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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)
over petition styled as compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, in the form of an affidavit. The
said affidavit is affirmed by the petitioner as well as the respondent
setting out the terms of the inter-se settlement between the parties. It is affirmed that the parties have executed and registered a fresh
NC: 2026:KHC:4360-DB COMAP No. 539 of 2024
HC-KAR
lease deed dated 07.12.2024 and in view of the above, the appellant undertakes to withdraw the present appeal.
dismissed as withdrawn.
Sd/(VIBHU BAKHRU) CHIEF JUSTICE
Sd/(C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 44
Drop Spirits
M/s Punarjani Projects Pvt Ltd
Vibhu Bakhru
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
