- 1 - NC: 2025:KHC:5286 WP No. 12146 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12146 OF 2024 (GM-CPC) BETWEEN: STOVE KRAFT LIMITED A COMPANY INCORPOATED UNDER THE COMAPANIES ACT 1956 REGISTERED OFFICE AT NO 81/1 MEDAMARANAHALLI VILLAGE HAROHALLI INDUSTRIAL AREA KANAKAPURA TALUK BENGALURU 562112 REPRESENTED BY ITS AUTHORISED REPRESENTAIVE, SMT SUSHMITA DAS …PETITIONER (BY SRI. MALLIKARJUN R MADAWAL, ADVOCATE FOR SRI. GOUTHAM CHAND S F.,ADVOCATE) AND: WHITE MATTER ADVISORY INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMAPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT F2 EXSULTARE, 1ST FLOOR 2ND AVENUE SHUBH ENCLAVE HARLUR ROAD, BENGALURU 560102 REPRESENTED BY ITS DIRECTOR SARAVANA BHASKAR …RESPONDENT (BY SRI. SUMEDHA SRINATH, ADVOCATE FOR SRI. SANJAY H SETHIYA.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5286 WP No. 12146 of 2024 THIS WRIT PETITION IS FILED UNDER THE ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.3.2024 PASSED IN COM.OS NO. 152/2022 ON THE FILE OF THE HONBLE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-88), BENGALURU MARKED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 22.03.2024 passed in Com.O.S.No.152/2022 on the file of LXXXVII Additional City Civil and Sessions Judge (CCH-88), Bengaluru, whereby the Commercial Court has imposed a cost of Rs.10,000/- on the petitioner/defendant. 2. The plaintiff filed a suit for recovery of money. When the matter was posted on 07.03.2024 for cross- examination of PW1, the counsel for the defendant submits that he will cross-examine PW1 in Kannada. PW1 submitted that he can understand Kannada, but he cannot understand the technical words which are used by the - 3 - NC: 2025:KHC:5286 WP No. 12146 of 2024 counsel for the defendant. On that basis, counsel for the plaintiff sought time to engage a translator by the next date of hearing and the matter has been adjourned to 22.03.2024. On 22.03.2024, when the matter was posted for cross-examination of PW1, learned counsel for the petitioner/defendant sought for a pass over as the Senior Counsel was on the way. The trial court rejected his request and imposed a cost of Rs.10,000/- on the ground that earlier occasion also he sought for time, which was not on record. However, by verifying the order sheet, it is very clear that, on 07.03.2024, the counsel for the petitioner/defendant appeared and has not sought any time. On the request of the counsel for the plaintiff to engage a translator, the matter was adjourned to 22.03.2024. Therefore, the cost imposed by the trial court is contrary to the materials available on record. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. - 4 - NC: 2025:KHC:5286 WP No. 12146 of 2024 (ii) The order dated 22.03.2024 passed in Com.O.S.No.152/2022 by the LXXXVII Additional City Civil and Session Judge, Bengaluru (CCH-88) is set aside. (iii) In view of disposal of the main matter all pending applications do not survive for consideration. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 39