Karnataka High Court
COMAP/385/2026 of M/S. TENET DIAGNOSTICS PVT LTD Vs MR. DAYANAND P on 7 August 2026
CNR: KAHC010537962026 NC: 2026:KHC:41948-DB COMAP No. 385 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.385 OF 2026 BETWEEN: M/S.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
COMMERCIAL APPEAL NO.385 OF 2026
BETWEEN:
M/S. TENET DIAGNOSTICS PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
NO.643, 11TH MAIN ROAD,
7TH CROSS, HAL 2ND STAGE,
INDIRANAGAR, BENGALURU - 560 038
REPRESENTED BY ITS
AUTHORISED SIGNATORY
DR. ANAND H.K.,
S/O KRISHNAMURTHY H.A.
AGED ABOUT 53 YEARS.
…APPELLANT
(BY SMT. KRISHMA NEDUNGADI, ADVOCATE)
AND:
MR. DAYANAD .P
REPRESENTED BY HIS SPA HOLDER
MR. MELVIN MATHEW
S/O LATE K.V. PRABHUSWAMY,
NO.134, OLD AIRPORT ROAD,
OPPOSITE LEELA PALACE,
KODIHALLI, BANGALORE-560017.
…RESPONDENT
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) PROVISO OF COMMERCIAL COURTS ACT, PRAYING TO SET
ASIDE THE ORDER DATED 27.07.2026 PASSED BY THE HON'BLE
LXXXV
ADDITIONAL
CITY
CIVIL
AND
SESSIONS
JUDGE
(COMMERCIAL COURT), BENGALURU (CCH-86) IN I.A.NO.3/26
REJECTING
I.A.NO.3/26
IN
COM.O.S.NO.1801/2025
AT
ANNEXURE-A, AND CONSEQUENTLY ALLOW I.A.NO.3/26 FILED BY
THE APPELLANT UNDER ORDER XI RULE 1(10) OF COMMERCIAL
COURTS ACT, READ WITH SECTION 151 OF CPC AT ANNEXURE-G, PERMITTING THE APPELLANT TO PRODUCE THE ADDITIONAL
DOCUMENTS AND TAKE THE SAME ON RECORD.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning the order dated 27.07.2026 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) (Commercial Court) [Commercial Court] on I.A No.III in Com. O.S. No.1801/2025.
2. The appellant, who is arrayed as defendant in the said suit, had filed the said application under Order XI Rule 1(10) of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 [CPC] seeking permission to produce additional documents.
HC-KAR
3. The learned Commercial Court rejected the said application. The impugned order is not an appealable under Order XLIII Rule 1 of the CPC and therefore, in terms of Section 13 (1-A) of the Commercial Courts Act, 2015, the present appeal is not maintainable. The same is accordingly dismissed.
4. The pending interlocutory application also stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 22