- 1 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 21357 OF 2023 (GM-CPC) BETWEEN: BLINKIT COMMERCE PRIVATE LIMITED (FORMERLY KNOWN AS GROGERS INDIA PRIVATE LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, PIONEER SQUARE, SECTOR - 62, GOLF COURSE EXTENSION ROAD, GURUGRAM - 122 098 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. DAVID VEDA PRASAD S. …PETITIONER (BY SMT. CHAITANYA S.G, ADV.) AND: INNOVENT SPACES PRVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT CAREERNET CAMPUS, PLOT NO. 53, KARIYAMMANA AGARAHARA ROAD, DEVARABISANAHALLI (NEXT TO INTEL JUNCTION FLYOVER) OUTER RING ROAD BENGALORE- 560 103 REPRESENTED BY ITS AUTHORIZED SIGNATORY. …RESPONDENT (BY SMT. BHARGAVI DEV K, ADV., FOR SRI I.S. DEVAIAH, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02/09/2023 (ANNEXURE-A) PASSED BY THE LD. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 COMMERCIAL COURT LVXXX CITY CIVIL AND SESSIONS JUDGE (CCH 85) AS BEING PERVERSE AND BAD AT LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 02.09.2023 passed on I.A.Nos.XIV and XV in O.S.No.490 of 2022 by the Court of LXXXVIII Additional City Civil & Session Judge, Commercial Court, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Suit in Com.O.S.No.490 of 2022 is filed before jurisdictional Commercial Court at Bengaluru by the respondent herein with a prayer to direct defendant to pay a sum of Rs.1,34,41,791/- with interest. In the said suit, contesting defendant has filed written statement opposing suit claim. After the evidence of both the parties was completed, I.A.No.XIV and XV were filed on behalf of the defendant under Order XVIII Rule 17 of CPC and Section 151 of CPC respectively, to reopen the - 3 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 case and to recall PW1 for the purpose of his further cross- examination. The said applications were opposed by the plaintiff by filing objections. The trial Court by the order impugned has rejected the said applications and being aggrieved by the same, the defendant is before this Court. 4. Perusal of the material on record would show that, I.A.No.V was filed on behalf of the defendant with a prayer to direct the plaintiff to produce certain documents and the said application was allowed by the trial Court on 16.12.2022. Challenging the said order, the plaintiff had approached this Court in W.P.No.1473 of 2023. It appears that IA No.V was filed immediately after examination-in-chief of PW1 was completed. Since plaintiff had not complied the order dated 16.12.2022 passed on I.A.No.V, cross-examination of PW1 was deferred at the request of the defendant. However, since the Court had insisted for cross-examination of PW1, the defendant had cross- examined PW1 and the cross-examination of PW1 was completed on 18.07.2023. Thereafter, W.P.No.1473 of 2023 which was filed by the plaintiff challenging the order dated 16.12.2022 passed on I.A.No.V directing the plaintiff to - 4 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 produce certain documents was disposed of as withdrawn on 26.07.2023. Subsequently, the defendant had examined DW1 on its behalf and he was also cross-examined by the plaintiff. Thereafter, I.A.Nos.XIV and XV is filed with a prayer to reopen the case and recall PW1 for further cross-examination. 5. According to the learned counsel for the petitioner, since the order passed on I.A.No.V directing the plaintiff to produce certain documents was pending consideration before this Court in WP No. 1473 of 2023, PW1 could not be effectively cross-examined with regard to non-compliance of the order passed on I.A.No.V and therefore to the said extent PW.1 needs to be cross-examined. In my considered opinion, the said request made on behalf of the petitioner is required to be granted, more so, for the reason that as on the date on which PW1 was cross-examined, W.P.No.1473 of 2023 was undisputedly pending consideration. 6. It is trite that parties to a dispute are required to be given a fair opportunity to put forward their case and cross- examination of a witness is meant for eliciting the truth from the said witness. Under the circumstances, I am of the opinion - 5 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 that if an opportunity is granted subject to conditions to further cross-examine PW1, the same would serve the ends of justice. 7. According the following:- ORDER i. Writ petition is allowed. ii. The impugned order dated 02.09.2023 passed on I.A.Nos.XIV and XV in O.S. No.490 of 2022 by the Court of LXXXVIII City Civil Judge and Commercial Court, LXXXVIII Additional City Civil & Session Judge, Commercial Court, Bengaluru is set aside and consequently the prayer made in I.A.Nos.XIV and XV is granted. iii. It is made clear that the defendant shall further cross-examine PW1 on the day he keeps himself present before the trial Court, without seeking any further adjournment and the trial Court shall thereafter hear the suit on merits - 6 - HC-KAR NC: 2025:KHC:50584 WP No. 21357 of 2023 without granting any opportunity to the defendant to either recall DW1 or to examine any other witnesses. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 62