Karnataka High Court
COMAP/91/2026 of M/S SKYTOP BUILDERS PVT LTD Vs M/S BEML EMPLOYEES COOPERATIVE SOCIETY LTD on 13 July 2026
NC: 2026:KHC:35394-DB COMAP No. 91 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.91 OF 2026 BETWEEN: 1. M/S. SKYTOP BUILDERS PVT.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH 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.91 OF 2026
BETWEEN:
1.
M/S. SKYTOP BUILDERS PVT. LTD.,
NO.175, 6TH CROSS,
GANDHINAGAR,
BENGALURU-560 009
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI. B.L. NAGENDRA PRASAD.
2.
SRI. B.L. NAGENDRA PRASAD,
MANAGING DIRECTOR OF
M/S. SKYTOP BUILDERS PVT. LTD.,
BENGALURU-560 009.
…APPELLANTS
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE)
AND:
M/S. BEML EMPLOYEES COOPERATIVE SOCIETY LTD., C/O BEML LTD., BENGALURU COMPLEX, NEW THIPPASANDRA POST, BENGALURU-560 075
REPRESENTED BY ITS
PRESIDENT
SRI. D.M. NAGESH.
…RESPONDENT
THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT DATED 28.02.2022 PASSED BY THE LEARNED LXXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CCCH-83
IN COM.A.S.NO.32/2018 AND GRANT SUCH OTHER RELIEF AS THIS
HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES
OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
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 appellants have filed the present appeal impugning the judgment dated 28.02.2022 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (CCH-83) in Com. A.S. No.32/2018.
2. I.A. No.1/2026 - the appellants have filed the present application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 1280 days in filing the above-captioned appeal, which is preferred under Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996. In the accompanying affidavit, appellant No.2 has, inter alia, affirmed that after the impugned judgment was delivered on 28.02.2022, the respondent issued a legal notice dated 30.06.2022, which was served on the appellants on 01.07.2022. The said application does not set out any satisfactory explanation for the inordinate delay in preferring the appeal. It merely states that the appellants could not contest the
HC-KAR
Com. A.S. No.32/2018 on account of COVID-19 pandemic. It is also stated that the delay in filing the appeal was "on account of COVID-19 pandemic and due to administrative reasons of the company." Clearly, the said explanation does not constitute sufficient cause for not filing the present appeal within the stipulated period. It is pertinent to note that the period of the COVID-19 pandemic is stated by the appellants to be from 15.03.2020 to 28.02.2022, which had come to an end on the very date on which the impugned judgment was delivered, and the period of limitation for preferring this appeal commenced thereafter.
3. We find no merit in the said application. The same is rejected. Consequently, the appeal and the pending interlocutory applications also stand dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 16