Commercial Court dismissed an appeal impugning a recovery decree of Rs.20,93,752.69 due to excessive delay of 1243 days without sufficient cause, leading to dismissal of the appeal.
Condonation of delay of 1243 days dismissed; commercial appeal dismissed; pending application disposed of.
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HC-KAR
NC: 2026:KHC:38034-DB COMAP No. 550 of 2025
CNR: KAHC010640142025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 550 OF 2025
BETWEEN:
KUVEMPUNAGAR, MYSURU-570 001. REP BY THE SRI.S.VEERASH S/O LATE P.SANNMADAPPA
…APPELLANT
Digitally signed by SRIDEVI S Location: High Court of Karnataka
(BY SRI SHUBHANKAR C, ADVOCATE FOR SRI CHANDRAKANTH R GOULAY, ADVOCATE)
AND:
BENGALURU 560 020.
HC-KAR
NC: 2026:KHC:38034-DB COMAP No. 550 of 2025
CNR: KAHC010640142025
…RESPONDENTS
(BY SRI K S HARISH, GA FOR R-1 & R-2)
THIS COMMERCIAL APPEAL FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.12.2020 PASSED BY THE II ADDITIONAL DISTRICT JUDGE AT MYSORE IN COM.O.S.NO.18/2020 AND TO DISMISS THE SUIT FILED IN COM OS NO.18/2020 (OS NO.113/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MYSURU) AND TO PASS SUITABLE ORDER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
HC-KAR
NC: 2026:KHC:38034-DB COMAP No. 550 of 2025
CNR: KAHC010640142025
Commercial Court in Com.OS.No.18/2020. The respondent No.3 (plaintiff) had filed the said suit for recovery of an amount of 38,06,000/- along with interest at the rate of 18% per annum. The learned Commercial Court had after examining the evidence passed the impugned judgment and decree for recovery of a sum of Rs.20,93,752.69 along with interest at 15% per annum. The learned counsel appearing for the appellant submits that the appellant is liable to pay only a sum of 10,23,231/-.
HC-KAR
NC: 2026:KHC:38034-DB COMAP No. 550 of 2025
CNR: KAHC010640142025
condonation of delay of 1243 days in filing the present appeal is dismissed. Consequently, the appeal is also dismissed.
Sd/(VIBHU BAKHRU) CHIEF JUSTICE
Sd/(K.S. HEMALEKHA) JUDGE
SD List No.: 1 Sl No.: 5
2 issues framed by the court
Whether sufficient cause for condonation of delay of 1243 days in filing commercial appeal is established.
Whether commercial appeal filed after delay of 1243 days without sufficient cause should be admitted.
1 provisions across 1 enactments
THE EXECUTIVE ENGINEER PANCHAYATH RAJ DEPARTMENT DIVISION ADHICHUNCHANAGIRI ROAD KUVEMPUNAGAR, MYSURU-570 001
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA
THE CHIEF ENGINEER PANCHAYATH RAJ ENGINEER DEPARTMENT
SRI U.N. PADMANABHA RAO
VIBHU BAKHRU
K.S. HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
