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2025 DAILYLAW 71559 (KAR)

M/S GOMS ELECTRICALS PRIVATE LIMITED v. M/S INDELECSA INDIA PVT LTD.,

COMAP/464/2024 · 2025-09-17

Anu Sivaraman, Rajesh Rai K

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37689-DB COMAP No. 464 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 464 OF 2024 BETWEEN: M/S GOMS ELECTRICALS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT No.43, 1ST MAIN ROAD R K NAGAR, MANDAVELI CHENNAI - 600 028 REPRESENTED BY ITS MANAGING DIRECTOR, MR. ESAKKI PILLAI GOMS …APPELLANT (BY SRI MANU K., ADV.) AND: M/S. INDELECSA INDIA PVT. LTD. SANGAM, No.1475/1A GROUND FLOOR, 13TH CROSS, 20TH MAIN, HSR LAYOUT Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37689-DB COMAP No. 464 of 2024 SECTOR-1, BENGALURU - 560 102 REPRESENTED BY ITS DIRECTOR MR. VINOD VISHWANTHAN …RESPONDENT (BY SRI KUMAR S., ADV.) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERICAL COURTS ACT 2015, PRAYING TO SET ASIDE A PORTION OF THE ORDER DATED 24.09.2024 PASSED IN COM O.S. No.1114/2023 BY THE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-86 COMMERCIAL COURT, BENGALURU), ALLOWING IA No.6 FILED UNDER ORDER 13A RULE 4 OF CPC, IN SO FAR AS IT RELATES TO PASSING OF THE IMPUGNED SUMMARY JUDGMENT IN RESPECT OF INVOICES DESCRIBED AT SL.Nos.1 TO 5 AND 11 TO 17 OF THE AFORESAID ORDER DATED 24.09.2024 WHICH IS MOREFULLY EXTRACTED HEREINBELOW "THE PLAINTIFF WOULD BE ENTITLED FOR SUMMARY JUDGMENT WITH RESPECT TO THE CLAIMS MADE UNDER INVOICES DESCRIBED AT SL.Nos.1 TO 5 AND 11 TO 17 TOGETHER WITH INTEREST AS CLAIMED WITH COSTS" AND ETC. THIS APPEAL, COMING ON FOR ORDERS, 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:37689-DB COMAP No. 464 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant submits that subsequent to the impugned order dated 24.09.2024, a summary judgment has been rendered on 22.11.2024, against which, another commercial appeal COMAP No.71/2025 has been preferred. 2. In the above view of the matter, keeping open all the contentions of the parties to be agitated in the said commercial appeal, this commercial appeal is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 51