- 1 - NC: 2025:KHC:13727 RFA No. 1555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1555 OF 2024 (MON) BETWEEN: 1. M/S CONNECTIA TECH. SERVICES (P) LTD., HAVING OFFICE AT NO.833, 1ST FLOOR, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU – 560 098. REP. BY ITS DIRECTORS, SMT. POORNIMA SANJAY AND SRI VITTAL RAO RAMA RAO 2. SMT. POORNIMA SANJAY W/O SRI SANJAY, AGED ABOUT 52 YEARS, RESIDING AT NO.678, 19TH MAIN, 18TH CROSS, IDEAL HOMES, RAJARAJESHWARI NAGAR, BENGALURU – 560 098 3. SRI VITTAL RAO RAMA RAO AGED ABOUT 82 YEARS, RESIDING AT NO.314, GROUND FLOOR, 2ND MAIN, 6TH CROSS, NEAR KALABAIRAVESHWAR TEMPLE, BEML 4TH STAGE, BENGALURU – 560 098. …APPELLANTS (BY SRI. KRISHNA S.B., ADVOCATE) AND: M/S PLANT SUPERVISION INDIA PVT. LTD., NO.505, 6TH MAIN, 4TH CROSS, 4TH STAGE, BEML LAYOUT, BENGALURU – 560 098. REP. BY ITS DIRECTOR, SRI VEERESH HOSAKERI MATHADA. …RESPONDENT (BY SRI. SPOORTHY HEGDE N., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:13727 RFA No. 1555 of 2024 THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.12.2023 PASSED IN O.S.NO.5362/2019 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendants in O.S.No.5362/2019 is directed against the impugned judgment and decree dated 20.12.2023, whereby the said suit filed by the respondent – plaintiff against the appellants – defendants was decreed by the Trial Court. 2. Heard learned counsel for the appellants and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent – plaintiff instituted the aforesaid suit against the appellants – defendants for recovery of a sum of Rs.9,46,641/- together with interest and other reliefs. The appellants – defendants contested the suit by filing written statement, pursuant to which, the Trial Court framed the following issues: - 3 - NC: 2025:KHC:13727 RFA No. 1555 of 2024 “1. Whether the plaintiffs proves that they have supplied equipments to the Defendant in pursuance to various purchase orders, as pleaded in para No. 2 of the plaint? 2. Whether the Plaintiff further proves that it has raised invoices for a sum of Rs. 19,15,399/- and Defendants are liable to pay balance of Rs.9,46,641/-?. 3. Whether the Court fee paid on the plaint is sufficient? 4. Whether the plaintiff further proves that Defendants are liable to pay interest @ 24% per annum from the date of purchase and thereafter, from the date of suit till realization? 5. Whether the plaintiff is entitled to the relief’s sought for? 6. What decree or order?” 4. The plaintiff got examined one witness as PW-1 and documentary evidence were got marked at Exs.P1 to Ex.P25. The defendants neither cross-examined PW-1 nor adduced any defence evidence, as a result of which, the trial court decreed the suit filed by the plaintiff against the defendants, who are before this Court by way of the present appeal. 5. Learned counsel for the appellants submits that the inability and omission on the part of the appellants – defendants to cross-examine PW-1 and also adduce evidence was due to - 4 - NC: 2025:KHC:13727 RFA No. 1555 of 2024 bonafide reasons, unavoidable circumstances and sufficient cause and as such, if the impugned judgment and decree is set aside and matter is remitted back to the Trial Court for reconsideration afresh in accordance with law, the appellants would do so and the trial court may be directed to dispose of the matter afresh in accordance with law. 6. 6. Per contra, learned counsel for the respondent – plaintiff submits that he has no objection for the impugned judgment and decree to be set aside and the matter be remitted back to the trial court for reconsideration afresh in accordance with law within a stipulated time frame. 7. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to set aside the impugned judgment and decree and remit the matter back to the trial court for reconsideration afresh in accordance with law. - 5 - NC: 2025:KHC:13727 RFA No. 1555 of 2024 8. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned judgment and decree dated 20.12.2023 passed in O.S.No.5362/2019 by the XLI Addl. City Civil & Sessions Judge (CCH-42), Bengaluru, is hereby set aside. (iii) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law, by permitting both parties to adduce both oral and documentary evidence in support of their respective claims including cross-examination of the of the opposite party and their witnesses. (iv) Parties are directed to appear before the Trial Court on 26.06.2025. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (vi) The Trial Court is directed to dispose of the suit within a period of six months from 26.06.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL