Mr. Nazeer Ahmed Vs M/S Zee Learn Limited — Karnataka HC (2025) — LawSathi Research

Mr. Nazeer Ahmed Vs M/S Zee Learn Limited — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; judgment dated 01.08.2023 in Com.O.S.No.1243/2022 set aside; matter remanded to the trial Court for fresh consideration on merits, to be disposed of without undue delay; no order as to costs; all pending interlocutory applications stand disposed of.

Issue for consideration

Whether the evidence adduced in Com.O.S.No.1243/2022 had been considered by the trial Court, as submitted by learned counsel for the appellants. +1 more

Ratio / Principle

The appeal is allowed.

Key takeaways

The judgment dated 01.08.2023 passed by the LXXXIII Additional City Civil and Sessions Judge at Bengaluru City in Com.O.S.No.1243/2022 is set aside.ratio¶45
The matter is remanded to the trial Court for fresh consideration on the merits of the matter.ratio¶46
The remanded matter is to be considered and disposed of by the trial Court without undue delay.ratio

Detailed headnote1 paragraphs

Commercial Appeal (COMAP No.398/2023) under Section 13(1A) of the Commercial Courts Act, 2015 read with Order 41 Rule 1 CPC: appellants (plaintiffs in Com.O.S.No.1243/2022) challenged the judgment dated 01.08.2023 of the LXXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-84) (Commercial Division), contending that the evidence adduced had not been considered by the trial Court; the respondents stated they had been placed ex-parte and had applied to the trial Court to set aside the ex-parte order. Holding that the matter had to be considered afresh by the trial Court, the High Court (per Hon'ble Mrs. Justice Anu Sivaraman; coram also Hon'ble Mr. Justice Rajesh Rai K) allowed the appeal, set aside the trial Court's judgment, and remanded the matter for fresh consideration on the merits, to be disposed of without undue delay. There was no order as to costs and pending interlocutory applications stood disposed of. The appeal prayer had sought decretion of Rs.28,75,000/- with interest @ 18% per annum in addition to the amount already decreed; no such decretion was made by this Court.

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NC: 2025:KHC:30894-DB COMAP No.398/2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO.398/2023

BETWEEN:

MR. NAZEER AHMED AGED 62 YEARS SON OF LATE MR. MURTUZA

DR. BUSHRA BAHJAT AGED 32 YEARS DAUGHTER OF MR. NAZEER AHMED

Digitally signed by CHANNEGOWDA PREMA

Location: High Court of Karnataka

BOTH ARE R/AT No.711 47^TH CROSS, 9^TH MAIN JAYANAGAR 5^TH BLOCK BENGALURU-560 041

…APPELLANTS

(BY SMT. LEKHA JAIN, ADVOCATE, FOR SRI. SIDDHARTH SUMAN, ADVOCATE)

AND:

M/S. ZEE LEARN LIMITED REGISTERED OFFICE AT CONTINENTAL BUILDNG.135 DR. ANNIE BESANT ROAD WORLI, MUMBAI, MH-400 018 REP. BY ITS MANAGING DIRECTOR DATTATREYA KELKAR RAMACHANDRA

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NC: 2025:KHC:30894-DB COMAP No.398/2023

HC-KAR

MR. ROSHAN LAL KAMBOJ THE DIRECTOR ZEE LEARN LIMITED KOHINOOR CITY, A WING 513/A KIROL ROAD, OFF LBS MARG KURLA (WEST), MUMBAI-400 700

MR. LAGNAJIT MOHANTY AUTHORIZED REPRESENTATIVE AND SIGNATORY ZEE LEARN LIMITED No.311, S.T. BED KORAMANGALA BENGALURU-560 084

…RESPONDENTS

(BY SMT. TEJASWINI P., ADVOCATE FOR SRI. AKSHATHA M. PATEL, ADVOCATE, FOR R1 & R3 V/C/O DATED 06.12.2024 NOTICE TO R2 IS D/W)

THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO (a) MODIFY THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-84) (COMMERCIAL DIVISION) IN COMMERCIAL O.S.1243/2022 DATED 01.08.2023 BY DECREEING THE SUIT FILED BY THE PLAINTIFFS/APPELLANTS IN FULL IN COMMERCIAL O.S. 1243/2022 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO PAY THE APPELLANTS THE SUM OF Rs.28,75,000/- (RUPEES TWENTY EIGHT LAKHS SEVENTY FIVE THOUSAND ONLY) ALSO, APART FROM THE AMOUNT ALREADY DECREED BY THE HON'BLE TRIAL COURT @ 18% PER ANNUM FROM THE DATE OF DEFAULT TILL THE DATE OF REALIZATION AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

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NC: 2025:KHC:30894-DB COMAP No.398/2023

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is preferred against the judgment dated

01.08.2023 passed by the LXXXIII Additional City Civil and Sessions Judge at Bengaluru City(CCH-84) in Com.O.S.No.1243/2022.

Learned counsel for the appellants submits that the evidence adduced had not been considered by the trial Court.

Learned counsel for the respondents submits that the respondents had been placed ex-parte and that they have also made an application for setting aside the ex-parte before the trial Court.

In the above view of the matter, we are of the opinion that the matter has to be considered afresh by the trial Court.

In the result:-

(i) The appeal is allowed .

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NC: 2025:KHC:30894-DB COMAP No.398/2023

HC-KAR

(ii) The judgment dated 01.08.2023 passed by the

LXXXIII Additional City Civil and Sessions Judge at Bengaluru City in Com.O.S.No.1243/2022, is set aside.

(iii) The matter is remanded to the trial Court, for fresh consideration on the merits of the matter.

(iv) The matter is to be considered and disposed of without undue delay.

There will be no order to costs.

All pending interlocutory applications shall stand disposed of.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(RAJESH RAI K) JUDGE

RAK List No.: 1 Sl No.: 11