Karnataka High Court
COMAP/549/2025 of THE EXECUTIVE ENGINEER Vs THE CHIEF SECRETARY on 23 July 2026
CNR: KAHC010640172025 NC: 2026:KHC:38033-DB COMAP No. 549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23 RD 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. 549 OF 2025 BETWEEN: 1.
HC-KAR
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. 549 OF 2025
BETWEEN:
1.
THE EXECUTIVE ENGINEER
PANCHAYATH RAJ DEPARTMENT,DIVISION
ADHICHUNCHANAGIRI ROAD
KUVEMPUNAGAR MYSURU 570 001
REP BY THE SRI S VEERASH
S/O LATE P SANNMADAPPA
…APPELLANT
(BY SRI SHUBHANKAR C, ADVOCATE FOR
SRI CHANDRAKANTH R GOULAY, ADVOCATE)
AND:
1.
THE CHIEF SECRETARY
GOVERNMENT OF KARANATAKA
VIDHANA SOUDHA
BENGALURU 560 001
2.
THE CHIEF ENGINEER
PANCHAYATH RAJ ENGINEER DEPARTMENT
SHESHADRIPURAM
BENGALURU 560 020
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
3.
SRI U N PADMANABHA RAO
S/O LATE U NARAYANA RAO
AGE ABOUT 77 YEARS
CLASS I PWD CONTRACTOR
20TH CROSS GITHA NILAYA
RP ROAD NANJANGUD TOWN
MYSORE DISTRICT 570 028
…RESPONDENTS
(BY SRI K S HARISH, G A FOR R-1 & R-2)
THIS
COMAP
FILED
UNDER
SECTION
(1-A)
OF
COMMERCIAL COURT ACT PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 30.11.2020 PASSED BY THE II
ADDITIONAL
DISTRICT
JUDGE,
AT
MYSORE
IN
COM.O.S.NO.20/2020 AND TO DISMISS THE SUIT FILED IN
COM.O.S.NO.20/2020 (OS NO.112/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE) AND TO PASS SUITABLE ORDER IN THE
INTEREST OF JUSTICE AND EQUITY.
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 a judgment and decree dated 30.11.2020 passed by the learned
HC-KAR
Commercial Court in Com.OS.No.20/2020. The respondent (plaintiff) had filed the said suit for recovery of an amount of `7,04,900/- along with interest at the rate of 18% per annum. The impugned judgment indicates that the appellant (arrayed as defendant No.3) had filed a written statement admitting the claim by disputing the interest. The learned counsel appearing for the appellants submits that the appellant admits a sum of `4,23,007/-.
2. The present appeal has been filed after a delay of 1243 days. The appellant has also filed an application seeking condonation of delay, stating that the delay in filing the appeal is "for want of proper knowledge, liability and other factors, which requires reconsideration". The appellant submits that he had sent communications to higher authority for action to be taken and has filed the present appeal based on the recent communication.
3. Clearly, there is no sufficient cause that prevented the appellant from filing the appeal within the stipulated time.
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4. In view of the above, the application, IA No.1/2025 seeking condonation of delay of 1243 days in filing the present appeal is dismissed. Consequently, the appeal is also dismissed.
5. Pending application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 1 Sl No.: 4