M/S Girias Investments Pvt. Ltd. Vs Mr N Madeswara

M/S. GIRIAS INVESTMENTS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. NAVEEN GIRIA. HAVING ITS REGISTERED OFFICE AT NO.47, 3^RD FLOOR, 15^TH CROSS 3^RD MAIN ROAD MARGOSA ROAD, MALLESWARAM, BENGALURU - 560003.

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Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka

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(BY SRI. CHENDANDA P. SOMANNA, ADVOCATE)

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…APPELLANT

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AND:

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MR. N. MADESWARA S/O N.S. NAGABHUSHANAM, AGED MAJOR, RESIDING AT NO.1/B, FIRST FLOOR, ADITI, NO.99, 4H STREET, ABHIRAMPURAM, CHENNAI - 600018.

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…RESPONDENT

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HC-KAR

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NC: 2026:KHC:38795-DB COMAP No. 139 of 2026

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CNR: KAHC010185162026

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CALL FOR RECORDS IN COM. O.S.NO.439/2023 FILED BEFORE THE HON'BLE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT); ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 31.01.2025 PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (COMMERCIAL COURT) IN COM.O.S.NO.439/2023 TO THE EXTENT IT IS ASSAILED IN THE PRESENT APPEAL.

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

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The appellant has filed the present appeal impugning the judgment and decree dated 31.01.2025 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru [hereinafter, 'Commercial Court' ], whereby, the Commercial Court decreed the suit for an amount of ` 29,49,543/- along with interest at the rate of

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24% per annum from the date of the suit till its realization.

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HC-KAR

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NC: 2026:KHC:38795-DB COMAP No. 139 of 2026

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CNR: KAHC010185162026

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The present appeal has been filed after an inordinate delay

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of 404 days [as stated in the affidavit filed in support of I.A.No.1/2026]. However, the Registry has calculated the delay as 341 days.

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The application-I.A.No.1/2026 does not set out any grounds for explaining the inordinate delay in filing the present appeal. The appellant submits that after pronouncement of the impugned judgment, it explored the possibility of an amicable settlement and also paid the principal amount on 09.05.2025 instead of preferring an appeal. It is further stated that the appellant subsequently obtained legal advice to the effect that the impugned judgment suffers from serious errors and there are substantial grounds to challenge the same.

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The application-I.A.No.1/2026 is bereft of any particulars that would reasonably explain the time taken on obtaining the legal advice. The application does not disclose sufficient cause that prevented the appellant from filing the appeal in time. The reasons mentioned in the application do not constitute 'sufficient cause'.

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