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2025 DAILYLAW 40865 (KAR)

M/S VATSALA CONSTRUCTIONS AND v. MR. K SATISH

WP/19187/2025 · 2025-09-02

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34213 WP No. 19187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19187 OF 2025 (GM-RES) BETWEEN: M/S VATSALA CONSTRUCTIONS AND CONSULTANTS PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT 1956 NO 114, 1ST FLOOR, 12TH MAIN 23RD CROSS 3RD BLOCK, JAYANSGAR EAST BENGALURU 560011 REPRESENTED BY ITS MANAGING DIRECTOR H S VISHWANATH AGED ABOUT 68 YEARS S/O LATE SRINIVAS MURTHY. …PETITIONER (BY SRI. RAHUL M.,ADVOCATE) AND: MR. K SATISH AGED ABOUT 54 YEARS S/O K S KRISHNAMURTHY PAST DIRECTOR OF M/S INGENUITRAS SOFTWARE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34213 WP No. 19187 of 2025 PRIVATE LIMITED NO 4259/15 20TH MAIN ROAD A BLOCK SUBRAMANYNAGAR BENGALURU 560021. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASHING THE ORDER DATED 8.04.2025 PASSED BY THE LXXIII ADDL CITY CIVIL JUDGE AND SESSION JUDGE BANGALORE CCH-84 COMMERCIAL COURT IN COM AP NO. 103/2024 AT ANNX-G TO THE WP AND CONSEQUENTLY DISMISS INTERLOCUTORY APPLICATION NUMBER 1 FILED BY PETITIONER THEREIN (RESPONDENT HEREIN) SEEKING CONDONATION OF DELAY OF 386 DAYS PRODUCED AT ANNX-E IN THE COM AP NO.103/2024 BY ALLOWING THE PRESENT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:34213 WP No. 19187 of 2025 ORAL ORDER The petitioner is aggrieved by the order dated 08.04.2025 in Commercial AP No.103/2024 on the file of LXXXIII Additional City Civil and Sessions JUDGE, Commercial Court, Bengaluru [for short, 'the commercial Court']. The commercial Court, by the impugned order, has disposed of the application for condonation of delay holding that the appeal is within time. Sri Rahul M, the learned counsel for the petitioner, now places on record the commercial Court's final order dated 31.07.2025 and submits that the petition is rendered infructuous with the disposal of the petition by the commercial Court, but the petitioner must be at liberty to raise all contentions in the present petition in the event the concerned respondent avails remedy under Section 37 of the Arbitration and Conciliation Act, 1996. - 4 - HC-KAR NC: 2025:KHC:34213 WP No. 19187 of 2025 In consideration of these circumstances, the petition stands disposed of subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE AN/-