- 1 - HC-KAR NC: 2025:KHC:30894-DB COMAP No.398/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO.398/2023 BETWEEN: 1. MR. NAZEER AHMED AGED 62 YEARS SON OF LATE MR. MURTUZA 2. DR. BUSHRA BAHJAT AGED 32 YEARS DAUGHTER OF MR. NAZEER AHMED BOTH ARE R/AT No.711 47TH CROSS, 9TH MAIN JAYANAGAR 5TH BLOCK BENGALURU-560 041 …APPELLANTS (BY SMT. LEKHA JAIN, ADVOCATE, FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. M/S. ZEE LEARN LIMITED REGISTERED OFFICE AT CONTINENTAL BUILDNG.135 DR. ANNIE BESANT ROAD WORLI, MUMBAI, MH-400 018 REP. BY ITS MANAGING DIRECTOR DATTATREYA KELKAR RAMACHANDRA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30894-DB COMAP No.398/2023 2. MR. ROSHAN LAL KAMBOJ THE DIRECTOR ZEE LEARN LIMITED KOHINOOR CITY, A WING 513/A KIROL ROAD, OFF LBS MARG KURLA (WEST), MUMBAI-400 700 3. MR. LAGNAJIT MOHANTY AUTHORIZED REPRESENTATIVE AND SIGNATORY ZEE LEARN LIMITED No.311, S.T. BED KORAMANGALA BENGALURU-560 084 …RESPONDENTS (BY SMT. TEJASWINI P., ADVOCATE FOR SRI. AKSHATHA M. PATEL, ADVOCATE, FOR R1 & R3 V/C/O DATED 06.12.2024 NOTICE TO R2 IS D/W) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO (a) MODIFY THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-84) (COMMERCIAL DIVISION) IN COMMERCIAL O.S.1243/2022 DATED 01.08.2023 BY DECREEING THE SUIT FILED BY THE PLAINTIFFS/APPELLANTS IN FULL IN COMMERCIAL O.S. 1243/2022 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO PAY THE APPELLANTS THE SUM OF Rs.28,75,000/- (RUPEES TWENTY EIGHT LAKHS SEVENTY FIVE THOUSAND ONLY) ALSO, APART FROM THE AMOUNT ALREADY DECREED BY THE HON'BLE TRIAL COURT @ 18% PER ANNUM FROM THE DATE OF DEFAULT TILL THE DATE OF REALIZATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:30894-DB COMAP No.398/2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred against the judgment dated 01.08.2023 passed by the LXXXIII Additional City Civil and Sessions Judge at Bengaluru City(CCH-84) in Com.O.S.No.1243/2022. 2. Learned counsel for the appellants submits that the evidence adduced had not been considered by the trial Court. 3. Learned counsel for the respondents submits that the respondents had been placed ex-parte and that they have also made an application for setting aside the ex-parte before the trial Court. 4. In the above view of the matter, we are of the opinion that the matter has to be considered afresh by the trial Court. 5. In the result:- (i) The appeal is allowed. - 4 - HC-KAR NC: 2025:KHC:30894-DB COMAP No.398/2023 (ii) The judgment dated 01.08.2023 passed by the LXXXIII Additional City Civil and Sessions Judge at Bengaluru City in Com.O.S.No.1243/2022, is set aside. (iii) The matter is remanded to the trial Court, for fresh consideration on the merits of the matter. (iv) The matter is to be considered and disposed of without undue delay. There will be no order to costs. All pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 11