M/S Millennial Hospitality Ventures Pvt. Ltd., Vs M/S Clean Master Management Service Pvt. Ltd.

PRIVATE LIMITED COMPANY, INCORPORATED UNDER THE COMPANIES ACT, 2013, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, FINANCE & ACCOUNTS/AUTHORIZED PERSON, MR. GALIB SOUDAGAR S., R/AT No.1, 2^nd FLOOR, RAJIV GANDHI NAGAR, BOMMANAHALLI, BENGALURU – 560 068.

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…APPELLANT

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(BY SRI. R. KIRAN.,ADVOCATE)

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AND:

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M/S CLEAN MASTER MANAGEMENT SERVICE PVT LTD., HAVING ITS REGISTERED OFFICE AT PROPERTY NO.16, MARUTI NILAYA, HOUSE NO.1

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NC: 2025:KHC:21368-DB COMAP No. 126 of 2025

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HC-KAR

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PRAKASH REDDY LAYOUT BEHIND GOVT. SCHOOL ROAD DODDANEKUNDI, BENGALURU 560 037

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…RESPONDENT

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(BY SRI. MANJUNATHA R S.,ADVOCATE)

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THIS HONBLE COURT TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 10.06.2024 PASSED BY THE HONLE COURT OF LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-88) BENGALURU IN COM.O.S.NO. 643/2023.

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THIS APPEAL COMING ON FOR FINAL HEARING ALONG WITH IA NO.2/2025 FOR STAY THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR V KAMESWAR RAO , ACTING CHIEF JUSTICE AND HON'BLE MR JUSTICE C M JOSHI

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ORAL JUDGMENT

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(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

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One of the contentions of the learned counsel for the

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appellant is that, the suit in Com. O.S. No. 643/2023 was reserved for judgment on 20.02.2024, to be pronounced

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on 11.03.2024. On 11.03.2024, according to him,

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because of the change of the Judge in that particular Court

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HC-KAR

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and a new Judge having taken-over the charge, the said Judge had called the matter and directed the same to be listed for judgment on 15.04.2024. On 15.04.2024, the Judgment being not ready, the case was adjourned to 07.06.2024. According to him, the judgment was finally pronounced on 10.06.2024 by the new Judge, who had not heard the matter. In support of his submission, he has placed before us the Order Sheets of the Trial Court. We have perused the Order Sheets of the Trial Court.

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respondent/defendant agrees with the submission made by the learned counsel for the appellant that, the Judge, who heard the suit finally on 20.02.2024, was not the Judge who decided the suit on 10.06.2024. If that be so, there being a procedural infirmity, which resulted in disposal of the suit against the appellant herein and also the fact that the learned counsel for the respondent makes

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a submission that the impugned judgment and decree dated 10.06.2024 be set aside and the suit being

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HC-KAR

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Com.O.S.No.643/2020, be revived with a direction to the Trial Court concerned to hear the counsel for the parties and decide the same afresh, we set aside the judgment/decree dated 10.06.2024 in Com.O.S. No.643/2023 and revive Com.O.S.No.643/2023 on the file

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of the Trial Court with a direction that, the Trial Court concerned shall hear the counsel for the parties from the stage of arguments and decide the same in accordance with law.

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All the contentions of the parties are left open to be canvassed before the Trial Court.

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Accordingly, we direct the counsel for the parties to appear before the Court concerned on 01.07.2025 for appearance. It is expected that the Trial Court shall decide the suit within three months from the date of appearance of the parties and/or their respective counsels on 01.07.2025 .

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