- 1 - HC-KAR NC: 2025:KHC:41167-DB COMAP No. 302 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 302 OF 2022 (MON) BETWEEN: SRI. M.VENKATESH AGED ABOUT 53 YEARS S/O LATE S MUNIRATHNAM AT NO.64/1, 3RD FLOOR S M PLAZA, DVG ROAD BASAVANAGUDI BENGALURU - 560 004. …APPELLANT (BY SRI. RAKSHITHA D. J., ADVOCATE) AND: 1. DR. A. RAMA REDDY AGED ABOUT 47 YEARS FATHER'S NAME NOT KNOWN AT NO.479, 13TH MAIN ROAD 3RD BLOCK, KORAMANGALA BENGALURU-560 045. 2. M/S PIONIER LAKE DEW RESIDENCY REPRESENTED BY ITS DIRECTOR DR. A. RAMA REDDY AT SY. NO.61 AND 71 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41167-DB COMAP No. 302 of 2022 GATTAHALLI HOBLI ANEKAL TALUK BENGALURU-560 099. 3. M/S PIONIER DEVELOPERS A LIMITED COMPANY REPRESENTED BY ITS DIRECTOR DR. A RAMA REDDY AT NO.28, 2ND FLOOR 100 FEET ROAD KORAMANGALA BENGALURU - 560 034. …RESPONDENTS (BY SRI. V. B. SHIVA KUMAR, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO A) CALL FOR THE RECORDS IN COM.O.S.NO.258/2020 ON THE FILE OF LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-86) (COMMERCIAL COURT) DATED 06/11/2021 AND SET ASIDE THE ORDER OF DISMISSAL OF COMMERCIAL SUIT IN COM.O.S.NO.258/2020 DATED 06/11/2021 BY ALLOWING THIS APPEAL CONSEQUENTLY DECREEING THE SUIT IN COM.O.S.NO.258/2020 WITH COSTS THROUGH OUT. 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:41167-DB COMAP No. 302 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. It is submitted by the learned counsel appearing for the appellant that the suit has been dismissed without considering the fact that no final bill had been raised and that the contract has not been terminated. 3. Learned counsel appearing for the respondents submits that the respondents/defendants had been set ex-parte and that, if a short time is granted to file written statement before the Court below, he has no objection to the matter being remanded. 4. Learned counsel appearing for the appellant has no objection to the said course of action. 5. We notice that the suit was one filed during Covid- 19 pandemic and therefore, there would be some justification for non-appearance and non-filing of counter affidavit in time by the respondents herein. - 4 - HC-KAR NC: 2025:KHC:41167-DB COMAP No. 302 of 2022 6. In the above view of the matter, we are of the opinion that one more opportunity can be granted to the respondents herein to place their contentions before the Court below. 7. In the above view of the matter, the judgment under appeal is set aside. The matter is remanded to the trial Court for a fresh consideration. The parties shall mark their appearance before the Court below on 03.11.2025, without awaiting further notice. The respondents shall file their written statement on that date or within a period of one week thereafter, failing which, they lose the right to file their written statement. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 6