Karnataka High Court

COMAP/139/2026 of M/S GIRIAS INVESTMENTS PVT LTD Vs MR N MADESWARA on 27 July 2026

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CNR: KAHC010185162026 NC: 2026:KHC:38795-DB COMAP No. 139 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH 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.139 OF 2026 BETWEEN: M/S.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH 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.139 OF 2026

BETWEEN:

M/S. GIRIAS INVESTMENTS PVT. LTD.,

A COMPANY REGISTERED

UNDER THE COMPANIES ACT,

REPRESENTED BY ITS

AUTHORIZED SIGNATORY

MR. NAVEEN GIRIA.

HAVING ITS REGISTERED OFFICE AT

NO.47, 3RD FLOOR, 15TH CROSS

3RD MAIN ROAD MARGOSA ROAD,

MALLESWARAM,

BENGALURU - 560003.

…APPELLANT

(BY SRI. CHENDANDA P. SOMANNA, ADVOCATE)

AND:

MR. N. MADESWARA

S/O N.S. NAGABHUSHANAM,

AGED MAJOR,

RESIDING AT NO.1/B, FIRST FLOOR,

ADITI, NO.99, 4H STREET,

ABHIRAMPURAM,

CHENNAI - 600018.

…RESPONDENT

Digitally signed by

MAHALAKSHMI B M

Location: High Court

of Karnataka

HC-KAR

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION

13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH

ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING

TO CALL FOR RECORDS IN COM. O.S.NO.439/2023 FILED BEFORE

THE HON'BLE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT); ALLOW THE APPEAL AND

SET ASIDE THE JUDGMENT AND DECREE DATED 31.01.2025

PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE, BENGALURU, (COMMERCIAL COURT) IN

COM.O.S.NO.439/2023 TO THE EXTENT IT IS ASSAILED IN THE

PRESENT APPEAL.

THIS APPEAL, COMING ON FOR ORDERS, 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 judgment and decree dated 31.01.2025 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru [hereinafter, 'Commercial Court'], whereby, the Commercial Court decreed the suit for an amount of ` 29,49,543/- along with interest at the rate of 24% per annum from the date of the suit till its realization.

HC-KAR

2. The present appeal has been filed after an inordinate delay of 404 days [as stated in the affidavit filed in support of I.A.No.1/2026]. However, the Registry has calculated the delay as 341 days.

3. The application-I.A.No.1/2026 does not set out any grounds for explaining the inordinate delay in filing the present appeal. The appellant submits that after pronouncement of the impugned judgment, it explored the possibility of an amicable settlement and also paid the principal amount on 09.05.2025 instead of preferring an appeal. It is further stated that the appellant subsequently obtained legal advice to the effect that the impugned judgment suffers from serious errors and there are substantial grounds to challenge the same.

4. The application-I.A.No.1/2026 is bereft of any particulars that would reasonably explain the time taken on obtaining the legal advice. The application does not disclose sufficient cause that prevented the appellant from filing the appeal in time. The reasons mentioned in the application do not constitute 'sufficient cause'.

HC-KAR

Therefore, the application-I.A.No.1/2026 is rejected. Consequently, the appeal is rejected as well.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

AT List No.: 2 Sl No.: 21

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