- 1 - NC: 2025:KHC:1440-DB COMAP No. 269 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 269 OF 2024 BETWEEN: SRINIVASAN.D, AGED ABOUT 67 YEARS, COMPANY SECRETARY, M/S NITESH ESTATES LTD., S-701, H M TAMBOURINE, KANAKAPURA ROAD, J P NAGAR, 6TH PHASE, BANGALORE-560 078. ALSO AT: S 701, H M TAMBOURINE, KANAKAPURA ROAD, J P NAGAR 6TH PHASE, BANGALORE-560 078. …APPELLANT (BY SRI.VACHAN H U, ADVOCATE FOR SMT.KAVITHA DAMODARAN, ADVOCATE) AND: 1. M/S JAGATE INDUSTRIES, NO.7, SINDHI COLONY, VISL BUILDING, J C ROAD, BANGALORE-560 002. REPRESENTED BY ITS PROPRIETOR, SRI J M SHIVAKUMAR. Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1440-DB COMAP No. 269 of 2024 2. M/S NITESH ESTATE LTD, NITESH TIMESQUARE, 7TH FLOOR, NO.8, M G ROAD, BANGALORE-560 001, KARNATAKA, INDIA, REPRESENTED BY ITS MANAGING DIRECTOR. 3. NITESH SHETTY, MANAGING DIRECTOR, M/S NITESH ESTATES LTD., NO.44, 1ST MAIN ROAD, 1ST BLOCK, RMV 2ND STAGE, BANGALORE-560 094. 4. CHIEF EXECUTIVE OFFICER / GM, M/S NITESH ESTATES LTD., NITESH TIMESUQARE, 7TH FLOOR, NO.8, M G ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI.VENUGOPAL K, ADVOCATE FOR R1, SRI.VIKRAM UNNI RAJAGOPAL ADVOCATE FOR R2, R3 AND R3 SERVED UN-REPRESENTED) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURT ACT, 2015. PRAYING THAT THIS HONB’LE COURT BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE, DATED 21.06.2022 (ANNEXURE-A) PASSED BY LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) AT BENGALURU CITY (CCH- 89) IN COMM. O.S. NO.1941 OF 2019 AS AGAINST THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:1440-DB COMAP No. 269 of 2024 CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This appeal lays a challenge to the judgment and decree dated 21.06.2022, passed by the LXXXVIII Additional City Civil and Sessions Judge at Bangalore City in Com.O.S.No.1941/2019, whereby the Trial Court stated as under: “27. Issue No.6: In view of my findings to the issues as stated above I proceed to pass the following: ORDER The suit of the plaintiff is decreed with costs. The defendants are jointly and severally liable to pay decretal amount of Rs.9,42,320/- along with the interest @ 24 % p.a. from date of the suit till its realization. Draw decree accordingly.” 2. The aforesaid would reveal that the appellant, who was also defendant No.3 before the Trial Court, has - 4 - NC: 2025:KHC:1440-DB COMAP No. 269 of 2024 been fastened with the decree against him for an amount of Rs.9,42,320/- along with interest at the rate of 24% per annum. 3. The submission of the learned counsel for the appellant is that, the appellant herein was working as a Company Secretary in respondent No.2 organization and much before the suit was filed, he had also retired. The privity of contract was between respondent No.1 with respondent No.2 and as such, the Trial Court could not have decreed the suit against the appellant herein. 4. Learned counsel for respondent No.1 conceding the aforesaid position states that, respondent No.1 shall not press the judgment and decree dated 21.06.2022 in Com.O.S.1941/2019 against the appellant herein. 5. The said submission of the learned counsel for respondent No.1 is taken on record. - 5 - NC: 2025:KHC:1440-DB COMAP No. 269 of 2024 6. In view of the submission made by the learned counsel for respondent No.1, the learned counsel for the appellant submits that, the appeal and application be disposed of. It is ordered accordingly. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE SMC List No.: 1 Sl No.: 29