- 1 - HC-KAR NC: 2025:KHC:29471 WP No. 21948 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21948 OF 2025 (GM-CPC) BETWEEN: 1. NARESH KUMAR, S/O LATE HANUMANRAM, AGED ABOUT 27 YEARS. 2. DINESH KUMAR, S/O LATE HANUMANRAM, AGED ABOUT 23 YEARS. BOTH ARE R/O NO.27, DEEPA RAM, II CROSS, NEAR SHASTHRI MEMORIAL SCHOOL, SMR LAYOUT, DODDABASAVANAPURA, BENGALURU - 560 049. …PETITIONERS (BY SRI. THYAGARAJ M., ADVOCATE) AND: 1. SWAMY VIVEKANANDA EDUCATIONAL TRUST, A REGISTERED TRUST HAVING OFFICE AT MANDUR VILLAGE, VIRGONAGAR POST, BUDIGERE CROSS, DEVANAHALLI ROAD, HOSKOTE, BENGALURU RURAL DISTRICT - 560 049. REPRESENTED BY ITS PRESIDENT VISHNU KUMAR, S/O BIDARAM, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29471 WP No. 21948 of 2025 AGED ABOUT 47 YEARS, R/O GR SUN VILLA, NIMBEKAYIPURA, BIDARAHALLI, BENGALURU - 560 049. 2. AKSHAY KUMAR, S/O LATE HANUMANRAM, AGED ABOUT 23 YEARS, R/O NO.27, DEEPA RAM, II CROSS, NEAR SHASTHRI MEMORIAL SCHOOL, SMR LAYOUT, DODDABASAVANAPURA, BENGALURU - 560 049. 3. ASHAPURA HARDWARE AND GLASS PLYWOOD, A PROPRIETORSHIP REPRESENTED BY AKSHAY KUMAR, DINESH KUMAR, AND NARESH KUMAR, HAVING OFFICE AT SY.NO. 101, K. DOMMASANDRA, WHITEFIELD MAIN ROAD, SONNENAHALLI, K.R.PURAM, BENGALURU – 560 007. …RESPONDENTS (BY SRI SWAROOP S., ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.06.2025 PASSED IN COM.O.S.NO.47/2025, PENDING BEFORE COMMERCIAL COURT HALL NO.86, BENGALURU CITY PRODUCED AS ANNEXURE-B AND FURTHER ALLOW THE PETITION AND ETC. - 3 - HC-KAR NC: 2025:KHC:29471 WP No. 21948 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "a) by way of a writ of certiorari or any other appropriate Writ, Direction or Order, quash the order dated 19-6-2025 passed in Com.O.S. No.47/2025, pending before Commercial Court Hall No.86, Bengaluru City, produced as Annexure 'B' and further allow the Petition; b) by way of a writ of certiorari or any other appropriate Writ, Direction or Order permitting the Petitioners for filing their defence through written statement and further direct the trail court to taken on record for adjudication in accordance with law; c) pass such order or orders as this Hon'ble Court deems fit." 2. Learned counsel for the petitioners after arguing the matter at length would restrict his prayer to permit the petitioners to cross-examine the plaintiffs or their witnesses in accordance with law. It is made clear that non-filing of Written Statement cannot be used to deny cross-examination by any means, in accordance with law. - 4 - HC-KAR NC: 2025:KHC:29471 WP No. 21948 of 2025 3. With the aforesaid observations, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 21