Dismissed¶51

The Executive Engineer v. the Chief Secretary

Karnataka HC23 Jul 2026COMAP/549/2025

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), COMAP No. 549 of 2025, decided 23.07.2026: condonation of 1243-day delay in commercial appeal under Section 13(1-A) Commercial Court Act refused for want of sufficient cause; appeal against judgment and decree dated 30.11.2020 of II Addl District Judge, Mysore, in Com.O.S.No.20/2020 (recovery of Rs. 7,04,900/- at 18% interest; appellant admitted Rs. 4,23,007/-) dismissed; IA No.1/2025 dismissed; pending application disposed.

What did the court decide?

There was no sufficient cause that prevented the appellant from filing the appeal within the stipulated time. ¶45

The Executive Engineer Vs the Chief Secretary — Karnataka HC (2026) — LawSathi Research

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HC-KAR

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NC: 2026:KHC:38033-DB COMAP No. 549 of 2025

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CNR: KAHC010640172025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 549 OF 2025

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BETWEEN:

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THE EXECUTIVE ENGINEER

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PANCHAYATH RAJ DEPARTMENT,DIVISION ADHICHUNCHANAGIRI ROAD

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KUVEMPUNAGAR MYSURU 570 001 REP BY THE SRI S VEERASH S/O LATE P SANNMADAPPA

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…APPELLANT

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(BY SRI SHUBHANKAR C, ADVOCATE FOR

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Digitally signed by SRIDEVI S

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Location: High Court of Karnataka

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SRI CHANDRAKANTH R GOULAY, ADVOCATE)

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AND:

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THE CHIEF SECRETARY

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GOVERNMENT OF KARANATAKA VIDHANA SOUDHA BENGALURU 560 001

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THE CHIEF ENGINEER

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PANCHAYATH RAJ ENGINEER DEPARTMENT SHESHADRIPURAM

BENGALURU 560 020

HC-KAR

NC: 2026:KHC:38033-DB COMAP No. 549 of 2025

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CNR: KAHC010640172025

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SRI U N PADMANABHA RAO S/O LATE U NARAYANA RAO AGE ABOUT 77 YEARS CLASS I PWD CONTRACTOR 20^TH CROSS GITHA NILAYA RP ROAD NANJANGUD TOWN MYSORE DISTRICT 570 028

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…RESPONDENTS

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(BY SRI K S HARISH, G A FOR R-1 & R-2)

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THIS COMAP FILED UNDER SECTION 13 (1-A) OF COMMERCIAL COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.11.2020 PASSED BY THE II ADDITIONAL DISTRICT JUDGE, AT MYSORE IN COM.O.S.NO.20/2020 AND TO DISMISS THE SUIT FILED IN COM.O.S.NO.20/2020 (OS NO.112/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE) AND TO PASS SUITABLE ORDER IN THE INTEREST OF JUSTICE AND EQUITY.

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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 a judgment and decree dated 30.11.2020 passed by the learned

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HC-KAR

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NC: 2026:KHC:38033-DB COMAP No. 549 of 2025

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CNR: KAHC010640172025

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Commercial Court in Com.OS.No.20/2020. The respondent (plaintiff) had filed the said suit for recovery of an amount of 7,04,900/- along with interest at the rate of 18% per annum. The impugned judgment indicates that the appellant (arrayed as defendant No.3) had filed a written statement admitting the claim by disputing the interest. The learned counsel appearing for the appellants submits that the appellant admits a sum of 4,23,007/-.

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The present appeal has been filed after a delay of 1243 days. The appellant has also filed an application seeking condonation of delay, stating that the delay in filing the appeal is "for want of proper knowledge, liability and other factors, which requires reconsideration". The appellant submits that he had sent communications to higher authority for action to be taken and has filed the present appeal based on the recent communication.

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