- 1 - HC-KAR NC: 2025:KHC-D:15270 WP No. 106986 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106986 OF 2025 (GM-CPC) BETWEEN: SHARANABASAVARAJ S/O SHIVAPPA GADAG, AGE. 46 YEARS, OCC. BUSINESS, R/O. H.NO.5-5-371-3, 26TH WARD, VIJAY NAGAR COLONY, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583 227. … PETITIONER (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. AMARESH S/O NINGAPPA MURALI KATAGI, AGE. 45 YEARS, OCC. BUSINESS, R/O. HOSAPETE ROAD, HUDCO COLONY, 29TH WARD, KOPPAL, TQ. AND DIST. KOPPAL-583 227. 2. SIDDAPPA S/O HANUMANTAPPA MYAGERI, AGE. MAJOR, OCC. BUSINESS, R/O. 2ND CROSS, B.T. PATIL NAGAR, BEHIND THE WATER FILTER, KOPPAL, TQ. AND DIST. KOPPAL. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 15-09-2025 PASSED ON THE APPLICATION UNDER SECTION 151 CPC, WHEREBY THE FILING OF THE WRITTEN STATEMENT ALONG WITH COUNTER-CLAIM (ANNEXURES-B AND C) IN COMMERCIAL O.S. NO.10/2024 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, HAS BEEN REJECTED, AS PER THE ORDER SHEET PRODUCED AT ANNEXURE-D, AND ALLOW I.A. NO.1 FILED BY THE PRESENT PETITIONER DEFENDANT NO.1 FILED UNDER 151 OF C.P.C. AND CONSEQUENTLY DIRECT THE COURT TO RECEIVE THE WRITTEN STATEMENT ALONG WITH COUNTER-CLAIM AS FILED. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15270 WP No. 106986 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) The issue raised in this present petition is already held against the petitioner in terms of the judgment of the Apex Court in M/S SCG Contracts India Pvt. Ltd. Vs. K.S. Chamankar Infrastructure Pvt. Ltd. And Others1, where it is held that written statement cannot be accepted beyond 120 days in a suit governed by the Commercial Courts Act, 2015. 2. Under these circumstances, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 35 1 (2019) 12 SCC 210