- 1 - HC-KAR NC: 2025:KHC:24528 WP No. 19253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19253 OF 2025 (GM-CPC) BETWEEN: SHREE RAM METAL AND ENGINEERING HAVING ITS REGISTERED OFFICE AT NO.29, RADHE KRISHNA BUILDING, 2ND FLOOR, OFFICE NO.18, 4TH KUMBHARWADA, MUMBAI-400 004. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SUNIL BHIMARAM/PROPRIETOR (NOT REGISTERED) …PETITIONER (BY SRI. RAMESH CHANDRA, ADVOCATE) AND: APEX LUMINARIES PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO.716, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034, REPRESENTED BY ITS DIRECTOR, MR. AJAY GUPTA. REGISTERED UNDER COMPANIES ACT, 1956 …RESPONDENT (BY SRI. SAGAR R., ADVOCATE FOR SRI. DEEPAK BASAVARAJ, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.06.2025 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, COMMERCIAL COURT (CCH-83) IN COM. OS NO.432 OF 2025 AS PER ANNEXURE-A AND ETC. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24528 WP No. 19253 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 19.06.2025 passed in Com.O.S.No.432/2025, whereby the concerned Court rejects the plea of the petitioner/defendant to file its written statement on the score that there is no permission sought for filing of the written statement. 2. Heard the learned counsel for the petitioner and the learned counsel for the caveator/respondent. 3. A suit is instituted by the respondent/plaintiff in Com.O.S.No.432/2025. On 21.03.2025, summons were served upon the petitioner/defendant, after which, the next date listed for filing of the written statement was 19.06.2025. The petitioner/defendant has filed the written statement on the said day. Notwithstanding the same being filed prior to the expiry of 120 days as is necessary in law, the concerned Court has rejected the written statement so sought to be filed on 19.06.2025. The order of the concerned Court, on the face of - 3 - HC-KAR NC: 2025:KHC:24528 WP No. 19253 of 2025 it, is erroneous as the time limit of 120 days for filing the written statement was not yet over. Let alone, the suit itself is not 120 days old. In that light, the order of the concerned Court suffers from patent illegality and non-application of mind. 4. For the aforesaid reasons and on this short ground, the petition deserves to be succeeded. 5. Hence, the following order is passed: ORDER (i) The petition is allowed. (ii) The order dated 19.06.2025 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.O.S.No.432/2025 stands quashed. (iii) The written statement so filed by the petitioner/defendant shall be taken on record and the concerned Court shall regulate its procedure thereafter. Sd/- (M.NAGAPRASANNA) JUDGE PMR List No.: 1 Sl No.: 92