- 1 - HC-KAR NC: 2025:KHC-K:3098 WP No. 201837 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201837 OF 2024 (GM-CPC) BETWEEN: 1. A. G. CANVASSERS THROUGH ITS PROP: ASIF AKBAR, R/O C/O H.B. TRADERS, APMC YARD, YASHWANTHPUR, BENGALURU-560022. 2. M/S SHASHI TRADERS REPRESENTED BY ITS PARTNER: MOHSIN VIRANI, R/O NO. 2, BDA SECTORS, INFRONT OF 10 GATE HARAJUKATTE, APMC YARD, YESHWANTHPUR, BENGALURU-560022. …PETITIONERS (BY SRI. UDAY P. HONGUNTIKAR, AND SRI. SYED IRSHAD AHMED., ADVOCATES) AND: 1. M/S K. K. AGRO INDUSTRIES, THROUGH ITS PROP: SRI. MOHAMMED IDRIS AHMED S/O MOHAMMED HANEEF SAB, AGE ABOUT: 46 YEARS, OCC: PROPRIETOR OF M/S K.K. AGRO INDUSTRIES, R/O PLOT NO. 208, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3098 WP No. 201837 of 2024 2ND PHASE, KIADB INDUSTRIAL AREA, KAPNOOR, KALABURAGI-585104. …RESPONDENT (BY SRI. V. K. NAYAK, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 25.06.2024 PASSED IN I.A NO.1 IN COM.O.S NO.05/2023 BEFORE PRINCIPLE DISTRICT JUDGE AT KALABURAGI AS AT ANNEXURE-E TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioners are defendants in Com.O.S.No.5/2023 pending on the file of Principal District Judge, Kalaburagi. They failed to file the written statement within the mandated period of 120 days. After lapse of around 180 days, they made an application to file written statement, which has been rejected by the Commercial Court. Aggrieved by the same, the present writ petition is filed. - 3 - HC-KAR NC: 2025:KHC-K:3098 WP No. 201837 of 2024 2. Amendment to Order VIII Rule (i) of the Code of Civil Procedure for the purpose of The Commercial Courts Act, 2015 reads as under: (D) in Order VIII,- (i) in rule 1, for the proviso, the following proviso shall be substituted, namely:- “Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.” 3. The aforementioned provision mandates the defendants to file written statement within 120 days, failing - 4 - HC-KAR NC: 2025:KHC-K:3098 WP No. 201837 of 2024 which the defendants lose their right to file the written statement. The said proposition is upheld in umpteen number of judgments by this Court as well as Hon’ble Apex Court. 4. For the aforementioned reasons, I do not see any error in the impugned order passed by the Commercial Court. Accordingly, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 47 Ct:si