Karnataka High Court
COMAP/77/2025 of AGARWAL ESTATES Vs M/S KOTS HOUSING PRIVATE LIMITED on 29 September 2026
CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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. 77 OF 2025 BETWEEN: 1. AGARWAL
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH 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. 77 OF 2025
BETWEEN:
1.
AGARWAL ESTATES
HAVING THEIR REGISTERED OFFICE AT,
2ND FLOOR, NO. 9,
CRM SOUBHAGYA ANNEXE
#35/1B, VARTHUR MAIN ROAD,
NEAR SPICE GARDEN,
MUNNEKOLALA,
BENGALURU-560037.
REPRESENTED BY ITS PROPRIETOR-
MRS. PREMA AGARWAL
REPRESENTED BY HER GPA HOLDER-
MR. PAWAN SHARMA,
S/O LATE SHRI SURESH KUMAR SHARMA,
AGED ABOUT 51 YEARS,
ADDRESS AT- 2ND FLOOR,
NO. 9, CRM SOUBHAGYA ANNEXE,
#35/1B, VARTHUR MAIN ROAD,
NEAR SPICE GARDEN,
MUNNEKOLALA,
PHONE. 7026001122
E-MAIL ID. PAWAN@AGARWALESTATES.COM
2.
MRS. PREMA AGARWAL
W/O MR. M. AGARWAL
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AGED MAJOR,
PROPRIETOR, M/S AGARWAL ESTATES,
HAVING OFFICE AT.
2ND FLOOR, NO. 9,
CRM SOUBHAGYA ANNEXE,
#35/1B, VARTHUR MAIN ROAD,
NEAR SPICE GARDEN,
MUNNEKOLALA,
BENGALURU- 560037
REPRESENTED BY HER GPA HOLDER
MR. PAWAN SHARMA,
S/O LATE SHRI SURESH KUMAR SHARMA,
AGED ABOUT 51 YEARS,
ADDRESS AT:
2ND FLOOR, NO. 9,
CRM SOUBHAGYA ANNEXE,
#35/1B, VARTHUR MAIN ROAD,
NEAR SPICE GARDEN,
MUNNEKOLALA,
BENGALURU- 560037
PHONE. 7026001122
E-MAIL ID. PAWAN@AGARWALESTATES.COM
…APPELLANTS
(BY SRI. DIVYANG CHANDIRAMANI FOR
SRI. ABHIJEET SINGH RATHORE, ADVOCATE (NOC))
AND:
1.
M/S KOTS HOUSING PRIVATE LIMITED
HAVING THEIR REGISTERED
OFFICE AT 153/1, UNIT NO.6,
BIERE STREET,
HAGDUR MAIN ROAD,
WHITEFIELD,
BENGALURU- 560066.
ALSO AT:
#118, GROUND FLOOR,
HC-KAR
NEIL RAO TOWERS, 3RD MAIN ROAD,
EPIP ZONE WHITEFIELD ROAD,
BENGALURU-560066.
REPRESENTED BY
MR. VIJETH REDDY (CO-FOUNDER AND CEO)
PHONE NO.. 7406370070
E-MAIL ID. VIJETH@KOTS.WORLD
2.
MS. SANGEETHA HOLIYACHI
AGED MAJOR
THE CO-FOUNDER,
M/S KOTS HOUSING PRIVATE LIMITED,
HAVING REGISTERED OFFICE AT:
#153/1, UNIT NO.6,
BIERE STREET, HAGDUR MAIN ROAD,
WHITEFIELD, BENGALURU- 560066.
ALSO AT:
118, GROUND FLOOR,
NEIL RAO TOWERS, 3RD MAIN ROAD,
EPIP ZONE WHITEFIELD ROAD,
E-MAIL ID. SANGEETHA@KOTS.WORLD
…RESPONDENTS
(BY SRI. NARAYAN KUMAR V., ADVOCATE FOR
R1 & R2(ABSENT))
THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE
COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE
IMPUGNED DATED 09.12.2024, PASSED BY THE LEARNED
LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(CCH-86),
BENGALURU
(COMMERCIAL
COURT)
IN
COM.OS.NO.1096/2023 AND CONSEQUENTLY, REMAND THE
MATTER AND PERMIT THE APPELLANT TO CARRY OUT
NECESSARY AMENDMENTS.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present Commercial Appeal has been filed under Section 13(1A) of the Commercial Courts Act, 2015, impugning the judgment and order dated 09.12.2024 passed by the learned LXXXV Addl.City Civil and Sessions Judge, Bengaluru (Commercial Court) in Com.O.S.No.1096/2023.
2. The suit has been filed in the name of the Proprietorship concern and not in the name of the Proprietor representing the concern. Therefore, the suit as per the provisions of Order XXX Rule 10 of the Code of Civil Procedure, 1908, would not be maintainable and no relief can be granted, thus the suit came to be rejected.
3. There is no representation on behalf of the respondent, even in the revised call.
HC-KAR
4. We are of the view, that the plaintiff ought to have been given a chance to amend the cause title on this technical point, without going into the merits of the matter.
5. We therefore allow this Commercial Appeal and set aside the impugned judgment and decree dated 09.12.2024 passed by the learned LXXXV Addl. City Civil and Sessions Judge, Bengaluru (Commercial Court) in Com.O.S.No.1096/2023 and remand the matter back to the Trial Court concerned permitting the appellant to amend the cause title, for which it will move an appropriate application.
6. The parties are directed to appear before the concerned trial Court on 06.10.2026. Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
NG CT:SN List No.: 1 Sl No.: 30