- 1 - NC: 2025:KHC:5770 WP No. 32559 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32559 OF 2024 (GM-CPC) BETWEEN: 1. M/S KAM SOURCING INDIA REP/BY ITS PROPRIETOR CONCERN MUKUNDA NAIK AGED ABOUT 57 YEARS AT 2ND FLOOR, NO 4 SSR NEST NEAR TATA NAGAR BESCOM OFFICE, KODIGEHALLI SAHAKARA NAGAR POST BENGALURU-560092. 2. MUKUNDA NAIK AGED ABOUT 57 YEARS R/AT 2ND FLOOR, NO 4 SSR NEST NEAR TATA NAGAR BESCOM OFFICE, KODIGEHALLI SAHAKARA NAGAR POST BENGALURU-560092. REP BY PRORIETOR CONCERN. …PETITIONERS (BY SRI. KRISHNAMOORTHY D.,ADVOCATE) AND: 1. M/S EMIRATE FASHIONS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.2 2ND FLOOR, ABOVE KUNDAN ELECTRONICS THIMMAIAH GARDEN, DEVE GOWDA ROAD R.T. NAGAR, BENGALURU-560032 REPRESENTED BY ITS MANAGING DIRECTOR AND AUTHORIZED SIGNATORY SANEEN JAVALI REP BY THE PROPRIETOR CONCEREN. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5770 WP No. 32559 of 2024 2. SANEEN JAVALI S/O NASSER JAVALI AGED ABOUT 37 YEARS DIRECTOR, M/S EMIRATE FASHIONS PVT LTD R/AT NO 17, 2ND FLOOR, ROOM NO 4 APPANNA BLOCK, NEAR BOMBAY TAILOR R.T. NAGAR, BENGALURU-560032. 3. NASSER JAVALI MAJOR, DIRECTOR M/S EMIRATE FASHIONS PVT LTD R/AT NO 17, 2ND FLOOR, ROOM NO 4 APPANNA BLOCK, NEAR BOMBAY TAILOR R.T. NAGAR, BENGALURU-560032. ALSO AT NO 510, EMPIRO RESIDENCY DWARAKA NAGAR, 1ST MAIN ROAD YELAHANKA, BENGALURU-560062. 4. ABDUS SALAM SUBHAN MAJOR, DIRECTOR, M/S EMIRATE FASHIONS PVT LTD R/AT NO 17, 2ND FLOOR, ROOM NO 4 APPANNA BLOCK, NEAR BOMBAY TAILOR R.T. NAGAR, BENGALURU-560032 ALSO AT NO 10, 1ST CROSS PAMPA EXTENSION, MUNESHWARA TEMPLE ROAD KEMPAPURA, HEBBAL POST BENGALURU-560024. 5. M/S VERSATYL WEAR LLP REP/BY ITS PARTNERS NASSER JAVALI AND SANEEN JAVALI AT NO 17, 2ND FLOOR, ROOM NO 4 APPANNA BLOCK, NEAR BOMBAY TAILOR R.T. NAGAR, BENGALURU-560032 REP BY PROPRIETOR CONCERN 6. M/S JAVALI AGRO PRODUCTS LLP REP/BY ITS PARTNERS NASSER JAVALI AND SANEEN JAVALI, AT NO 2, 3RD CROSS LINGAPPA THOTA, THIMMAIAH GARDEN - 3 - NC: 2025:KHC:5770 WP No. 32559 of 2024 BENGALURU-560032. REP BY PROPRIETOR CONCERN 7. M/S EMPIRO BUILDERS AND DEVELOPERS LLP R/BY ITS PARTNERS NASSER JAVALI AND SANEEN JAVALI, AT SWAMY COMPLEX 1ST FLOOR, DWARAKA NAGAR BUS STOP YELAHANKA, BENGALURU-560032 REP BY PROPRIETOR CONCERN. …RESPONDENTS (BY SRI.SHANKAR M NAIK, ADVOCATE FOR R3, R5 & R7: SRI.SADDAM R MULLA, ADVOCATE FOR R4: NOTICE TO R1, R2 & R6 ARE DISPENSED WITH V/O DATED: 07.02.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND ON EXAMINATION OF THE SAME BE PLEASED TO QUASH THE COMMON ORDER IMPUGNED DATED 15.10.2024 IN COMM.O.S NO. 248/2022 ON IA NO. 15 FILED UNDER ORDER 7 RULE 14 (CORRECTED LATER AS ORDER 11 RULE 5) OF CIVIL PROCEDURE CODE PASSED BY THE LEARNED HONBLE X ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU PRODUCED AT ANNEXURE-E 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 plaintiffs challenging the order dated 15.10.2024 passed by X Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Com.O.S.No.248/2022, whereby IA No.15 filed by the plaintiffs under Order VII Rule 14 (later corrected as Order - 4 - NC: 2025:KHC:5770 WP No. 32559 of 2024 XI Rule 5) of CPC seeking permission to produce the documents is rejected. 2. The plaintiffs filed a suit for recovery of money. On service of summons, defendants appeared through an advocate and filed the written statement. On consideration of the pleadings of the parties, the trial court framed an issue. When the matter was posted for evidence, the plaintiffs filed IA No.15 for production of documents. The plaintiff in the plaint itself has mentioned about the transaction with the defendants. The documents mentioned in the application were not produced. Now, that the application has been filed giving a reason that the documents had been handed-over to the earlier advocate, he has not produced the same before the court. Only after the advocate was changed on 18.06.2024, he came to know that the said documents were not produced before the court. Immediately, thereafter, the application has been filed. - 5 - NC: 2025:KHC:5770 WP No. 32559 of 2024 3. The learned counsel for the petitioners/plaintiffs contended that some of the original documents were with the auditor and therefore, he was unable to produce the documents before the Court. 4. The plaintiff has given a reason for non-disclosure of the facts in the application. But, the trial court erred in rejecting IA No.15. Therefore, the application filed by the plaintiffs deserves to be allowed. 5. Accordingly, the following order is passed: (i) Writ petition is allowed. (ii) The order dated 15.10.2024 passed by the trial court on IA No.15 in O.S.No.248/2022 is set aside. (iii) IA No.15 filed by the plaintiffs under Order VII Rule 14 (later corrected as Order XI Rule 5) of CPC is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 0