- 1 - HC-KAR NC: 2025:KHC:25089-DB COMAP No. 264 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 264 OF 2022 BETWEEN: 1. M/S POINIER DEVELOPERS A PARTNERSHIP FIRM NO.48, 2ND FLOOR I STAR BUILDING, 100 FT. ROAD 4TH BLOCK, KORAMANGALA BENGALURU-560 034 REPRESENTED BY ITS PARTNERS. 2. SRI A RAMA REDDY PARTNER M/S POINIER DEVELOPERS A PARTNERSHIP FIRM NO.48, 2ND FLOOR I STAR BUILDING, 100 FT. ROAD 4TH BLOCK, KORAMANGALA BENGALURU-560 034. …APPELLANTS (BY SRI. G. S. VENKAT SUBBARAO, ADVOCATE) AND: M/S SIESTA HOSPITALITY SERVICES LTD., HAVING ITS OFFICE AT 17/7, ALI ASKER ROAD, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25089-DB COMAP No. 264 of 2022 BENGALURU-560 052 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. PRADEEP K.P. …RESPONDENT (BY SRI. GUNASHEKAR S., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO A) CALL FOR THE RECORDS IN COM.O.S.NO.375/2020 FROM THE COURT OF THE LXXXIII. ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. This appeal is filed by the defendant aggrieved by the judgment and decree of the LXXXIII Additional City Civil and Sessions Judge, Bengaluru dated 29.10.2021 in Com.O.S.No.375/2020. - 3 - HC-KAR NC: 2025:KHC:25089-DB COMAP No. 264 of 2022 2. Learned counsel appearing for the appellant submits that the appellant had entered appearance before the Court below. The matter was thereafter referred for settlement and due to the earnest attempts made for settling the issues, as also the Covid restrictions which were imposed during the period, the appellant could not file his written statement in time. 3. It is submitted that the suit came to be decreed, accepting the plaint claims since no written statement was on record within time. Even before this Court, the attempts were made by the parties to settle the issue, but the matter could not be settled. 4. Having considered the contentions advanced and taking note of the fact that the suit was the one instituted on 02.12.2020 and was disposed of on 29.10.2021, which was during the period when Covid restrictions were actually in force, we are of the opinion that a chance can - 4 - HC-KAR NC: 2025:KHC:25089-DB COMAP No. 264 of 2022 be given to the appellants to file the written statement before the Court below. 5. The judgment dated 29.10.2021 is accordingly set-aside. The matter is remanded to the Trial Court for consideration, after considering the contentions of the appellants as well. The appellants shall file their written statement before the Court below within a month from the date of receipt of a certified copy of this judgment. The question of appropriation of the amounts in deposit before this Court shall be duly considered by the Trial Court after hearing both sides. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 1