Karnataka High Court
COMAP/362/2025 of M/S NAGAMANI CONSTRUCTION Vs M/S S V CONCRETE on 22 September 2026
CNR: KAHC010394092025 NC: 2026:KHC:52305-DB COMAP No. 362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 362 OF 2025 BETWEEN: M/S
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND 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. 362 OF 2025
BETWEEN:
M/S NAGAMANI CONSTRUCTION
REP. BY ITS PROP.
VEENAVANI BARARAM,
OFFICE AT NO. 12, 1ST CROSS,
A BLOCK, AECS LAYOUT,
KUNDANAHALLI VILLAGE,
BEHIND CMRIT COLLEGE,
BENGALURU – 560 037.
…APPELLANT
(BY SRI. NAGHARISH G.S, ADVOCATE)
AND:
M/S S.V. CONCRETE
(A PARTNERSHIP FIRM REGISTERED
UNDER THE INDIAN PARTNERSHIP ACT)
REP. BY ITS AUTHORIZED OFFICER
MR. MANJUNATH C.
AGED ABOUT 33 YEARS,
OFFICE AT SY. NO.72, 1ST FLOOR,
HULIMANGALA POST, KOPPA VILLAGE,
ANEKAL, BENGALURU – 560 105.
…RESPONDENT
(BY SRI. M. V. SESHACHALA SENIOR COUNSEL FOR
SRI. NAGAHARISH G.S, ADVOCATE)
THIS COMAP IS FILED UNDER SECTION 13(1-A) OF
COMMERCIAL COURT ACT R/W ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE JUDGMENT AND DECREE PASSED BY
Digitally
signed by
MALA K N
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
THE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(COMMERCIAL
COURT)
BENGALURU
(CCH-87)
IN
COM
OS.NO.721/2024 DATED 25.03.2025 AND DISMISS THE SUIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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 under Section 13(1A) of the Commercial Courts Act, 2015, has been filed impugning the judgment & decree dated 25.03.2025 passed in Commercial O.S.No.721/2024 by the LXXXVI Additional City Civil & Sessions Judge (Commercial Court) Bengaluru (CCH-87).
2. The plaintiff/respondent had filed the suit for recovery of a sum of Rs.5,77,847/- with interest at the rate of 18% per annum from the defendant/appellant for supply of Ready Mix Concrete (RMC) to her between 02.03.2019 and 11.03.2019.
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3. The limitation for money suit under Section 3 read with Article 14 of the Limitation Act, 1963, is three years from the date when the cause of action for such recovery arises. Even if it is considered that the supply started from 02.03.2019 and it got completed on 11.03.2019, to be one transaction, the cause of action for recovery of the amount for supply of RMC accrued on 11.03.2019. The suit came to be filed on 27.04.2024, which is beyond the limitation of 3 years as mentioned above.
4. The limitation of proceedings goes to the root of the jurisdiction of the court. The Court cannot consider a time-barred claim even if no objection has been raised on limitation. The court would assume the jurisdiction if the claim before it in the proceeding is within time. Therefore, we are of the view that this suit filed for recovery of Rs.5,77,847/- with interest for supply of RMC from 02.03.2019 to 11.03.2019 was not within time. The learned Commercial Court has completely missed the point
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of limitation. Therefore, as the judgment and decree passed by the learned Commercial Court is against the law of limitation, we set aside the impugned judgment and decree passed by the Commercial Court and allow the appeal.
5. Accordingly, the appeal is allowed. The order dated 25.03.2025 passed in Commercial O.S.No.721/2024 is hereby set aside.
Pending I.A. stands disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
KNM List No.: 1 Sl No.: 18