Karnataka High Court
COMAP/550/2025 of THE EXECUTIVE ENGINEER Vs THE CHIEF SECRETARY on 23 July 2026
CNR: KAHC010640142025 NC: 2026:KHC:38034-DB COMAP No. 550 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. 550 OF 2025 BETWEEN: 1.
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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. 550 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 KARNATAKA
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
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3.
SRI.U. N. PADMANABHA RAO
S/O LATE U NARAYANA RAO
AGED ABOUT 77 YEARS
CLASS I PWD CONTRACTOR
20TH CROSS, GITHA NILAYA
R P ROAD, NANJANGUD TOWN
MYSORE DISTRICT 570 028
…RESPONDENTS
(BY SRI K S HARISH, GA FOR R-1 & R-2)
THIS COMMERCIAL APPEAL FILED UNDER SECTION
13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 18.12.2020
PASSED BY THE II ADDITIONAL DISTRICT JUDGE AT MYSORE
IN COM.O.S.NO.18/2020 AND TO DISMISS THE SUIT FILED IN
COM OS NO.18/2020 (OS NO.113/2017 ON THE FILE OF THE II
ADDITIONAL DISTRICT JUDGE, MYSURU) AND TO PASS
SUITABLE ORDER IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
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 18.12.2020 passed by the learned
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Commercial Court in Com.OS.No.18/2020. The respondent No.3 (plaintiff) had filed the said suit for recovery of an amount of `38,06,000/- along with interest at the rate of 18% per annum. The learned Commercial Court had after examining the evidence passed the impugned judgment and decree for recovery of a sum of Rs.20,93,752.69 along with interest at 15% per annum. The learned counsel appearing for the appellant submits that the appellant is liable to pay only a sum of `10,23,231/-.
2. The present appeal has been filed after a delay of 1243 days. The appellant has 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 also 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.1/2026 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.: 5