- 1 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 288 OF 2023 BETWEEN: 1. M/S PRIMAL FEEDS AND FARMS LLP, ”HALLMARK” DOOR NO. 4C-315, OMBR LAYOUT, OPPOSITE ST. GEORGE COLLEGE, BANASWADI, BANGALORE - 560 043, REPRESENTED BY MANOJ KUMAR. 2. SRI. R. MANOJ KUMAR, AGED ABOUT 31 YEARS, S/O RAMINENI CHANDRA SHEKAR, GOKULAM NO.3C-804, 2ND FLOOR, 3RD CROSS, NEXT TO COCO CAFE, 1ST BLOCK, KALYANANAGAR, BANGALORE-560 043. …APPELLANTS (BY SRI. PRAVEEN .S, ADVOCATE) AND: M/S LEMMENS SHARDLOW ( INDIA) PVT. LTD., NO.404/7, 8TH MAIN, 12TH CROSS, SADASHIVA NAGAR, BANGALORE-560 080, REPRESENTED BY MANAGER AND AUTHORIZED REPRESENTATIVE MR. KRISHNA KUMAR. …RESPONDENT (BY SRI. SHARATH KUMAR .G.M, ADVOCATE) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 THIS APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT R/W SECTION 96 OF CPC, PRAYING SET ASIDE JUDGMENT AND DECREE DATED 11.01.2023 IN COM.O.S.NO.1278/2022 ON THE FILE OF HON’BLE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-86), COMMERCIAL COURT, BENGALURU AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This appeal lays a challenge to the judgment and decree dated 11.01.2023 passed by the LXXXV Additional City Civil and Sessions Judge at Bengaluru (CCH-86) in Com.O.S.No.1278/2022, whereby the learned Trial Court has decreed the suit filed by respondent No.1 by stating as under: “ORDER The Suit filed by the plaintiff for recovery of a sum of Rs.7,79,664/- jointly and severally from defendants is decreed with cost. Further, plaintiff is also entitled to recover interest at the rate of 15% p.a., on principle amount of Rs.5,26,800/- - 3 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 from the date of suit till realization of the amount. Draw decree accordingly.” 2. It is a conceded position that, the impugned judgment and decree was an ex-parte against the defendants/appellants herein. 3. On the basis of the order passed by the Co-ordinate Bench of this Court on 18.08.2023 stating that, there shall be an ad-interim stay of further proceedings in Com.Ex. No.362/2023 subject to the deposit of 50% of the decreetal amount within a period of three weeks, the appellants have deposited the 50% of the decreetal amount of Rs.3,89,832/- before this Court and filed a compliance memo. On the basis of the said compliance memo, this court vide order dated 22.11.2023 has granted stay of the judgment and decree dated 11.01.2023 rendered in Com.O.S. No.1278/2022, by allowing IA No.3/2023 for stay. 4. The learned counsel for the appellants would submit that, the impugned judgment and decree be set aside and the liberty be granted to the appellants herein to file a written - 4 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 statement to the plaint, to enable the parties/Trial Court proceed in accordance with the law, thereafter. 5. He also states that, remaining 50% of the decreetal amount shall be deposited with the Trial Court and that the amount which has been deposited before this Court be directed to be transferred to the concerned Trial Court and be retained with the Trial Court, till a decision is made in the suit. 6. Learned counsel for the respondent has no objection, if the complete amount of Rs.7,79,664/- is deposited/transferred with the Trial Court and be retained with the Trial Court, till a decision is made in the suit. 7. If that be so, we set aside the impugned judgment and decree dated 11.01.2023 passed in COM.O.S.No.1278/2022 and grant six weeks from today to the appellants herein to file their written statement before the concerned Trial Court and replication be filled within two weeks of the filing of the written statement. 8. On the filing of the pleadings, the Trial Court shall proceed in accordance with the law. As noted above, since an amount of Rs.3,89,832/- (which is 50% of Rs.7,79,664/-) has been deposited before this Court, the said amount shall be - 5 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 transferred by the Registry of this Court to the LXXXV Additional City Civil and Sessions Judge at Bangalore (CCH-86) in Com.O.S.No.1278/2022. The appellants shall also deposit the balance 50% of the amount with the aforesaid Trial Court within a period of six weeks from today and the same shall be retained by Trail Court, till the Trial Court decides the suit afresh. Accordingly, we restore the suit in Com.O.S.No.1278/2022 on the file of the aforesaid Trial Court, for a fresh decision on merits. in accordance with the law. 9. The restoration of the suit is subject to payment of cost of Rs.10,000/- by the appellants to the respondent herein to be paid on the first day of their appearance before the Trial Court. The suit shall be listed before the Trial Court on 02.04.2025. 10. All contentions of the parties both on facts and in law are left upon to be canvassed before the Trial Court, for a decision. 11. The amount to be deposited and to be transferred by the Registry of this Court, shall be invested in an interest bearing FDR of a Nationalized Bank with periodical renewals, till a decision is made in the suit. - 6 - NC: 2025:KHC:8312-DB COMAP No. 288 of 2023 12. At this stage, learned counsel for the respondent states that, a direction be given to the Trial Court to dispose of the suit, at the earliest. 13. Liberty is given to the learned counsel for the respondent herein, who is the plaintiff before the Trial Court to make such a request before the Trial Court. 14. The appeal is disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 7