The High Court of Karnataka dismissed a commercial appeal for non-prosecution after the appellant failed to comply with an interim order requiring deposit of the decreetal amount and compensation, and did not appear at two scheduled hearings.
Appeal dismissed for non-prosecution
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HC-KAR
NC: 2026:KHC:50626-DB COMAP No. 255 of 2025
CNR: KAHC010304612025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
COMMERCIAL APPEAL NO. 255 OF 2025
BETWEEN:
AGED ABOUT 33 YEARS SON OF SRI NARENDRAJAIN, RESIDING AT NO 3C-313, 2ND FLOOR,
ABOVE APPAREL 36 MENS CLOTHINT STORE, GANESH TEMPLE STREET, HOTEL SUKHSAGAR CROSS KAMMANAHALLI BENGALURU 560084
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
MOBILE CONTACT 96205963479
…APPELLANT
(BY SRI. MOHAMMED HAROON RASHEED., ADVOCATE (ABSENT))
AND:
HC-KAR
NC: 2026:KHC:50626-DB COMAP No. 255 of 2025
CNR: KAHC010304612025
H M ROAD, ST THOMAS TOWN POST, BANGALORE 560084
MOBILE NO 919986098524
…RESPONDENT
(BY SRI. S.MUNIRAJU FOR C/R (CP No.8396/25))
THIS COMMERCIAL APPEAL / COMAP IS UNDER SECTION 13(1A) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO SET ASIDE THE ORDER, JUDGMENT AND DECREE PASSED BY HONBLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), AT BENGALURU (CCH-89) IN COM. OS NO.769/2024 DISPOSED ON DATE 27.02.2025.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
This Court while granting interim order on 21.08.2025,
directed the appellant to deposit entire decreetal amount as well as the compensation at the rate of Rs.50,000/- per month.
the morning, no one was present on behalf of the appellant. Even in the revised call, no one appeared to press the appeal.
HC-KAR
NC: 2026:KHC:50626-DB COMAP No. 255 of 2025
CNR: KAHC010304612025
It appears that the appellant has lost interest in prosecuting the appeal. Therefore, the appeal is dismissed for non
prosecution.
Sd/(D K SINGH) JUDGE
Sd/(H.SHANTHI BHUSHAN) JUDGE
RKA CT:SN List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the commercial appeal should be dismissed for non-prosecution due to failure to comply with interim order and non-appearance of appellant
1 provisions across 1 enactments
Vishal Kumar N
Sri M Krishna
D K Singh
H. Shanthi Bhushan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
