- 1 - HC-KAR NC: 2025:KHC:44886 WP No. 31837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.31837 OF 2025 (GM-CPC) BETWEEN: MR KERADI CHANDRASHEKAR SHETTY S/O VEERANNA SHETTY, AGED ABOUT 58 YEARS, C/O SINDURA GARDENIA, ITPL MAIN ROAD, MAHADEVAPURA POST, BENGALURU - 560 017 …PETITIONER (BY SRI.RAKESH B BHATT.,ADVOCATE) AND: SRI R ARUN S/O LATE RAMANJANEYA, AGE ABOUT 45 YEARS, R/AT 1st MAIN ROAD, GARUDACHARPALYA, NEXT TO ANANTHARAMAINIAHS HOUSE, WHITEFIELD ROAD, BENGALURU - 560048 …RESPONDENT (BY SRI.MURALIDARA R..,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 18/10/2025 PASSED BY THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-83) COMMERCIAL COURT BENGALURU, IN COM. OS NO. 1698/2024 (ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44886 WP No. 31837 of 2025 ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondent. 2. Parties are referred to as per their ranking before the Commercial Court. 3. The present petition is filed by the petitioner/defendant praying to set aside the order dated 18.10.2025 passed by the LXXXII Addl. City Civil & Sessions Judge (CCH-83), Commercial Court, Bengaluru, in O.S. No.1698/2024, whereby the Commercial Court has taken the evidence of the defendant as 'nil' and posted the matter for defendant's arguments. 4. Petitioner is defendant in Commercial O.S. No.1698/2024. The Commercial Suit came to be filed by the respondent/plaintiff against the petitioner/defendant for eviction and recovery of arrears of rent in Commercial O.S. No.1698/2024. After service of summons, the defendant appeared through his counsel and filed the written statement. Thereafter, the plaintiff's evidence was recorded and he was also cross-examined by the defendant. At the stage of evidence of the defendant, due to ill-health of the defendant, learned counsel for defendant sought time and the same was - 3 - HC-KAR NC: 2025:KHC:44886 WP No. 31837 of 2025 rejected on the ground that no medical record of ill-health or the medical condition of the defendant was produced before the Commercial Court. Accordingly, the evidence of the defendant was taken as 'nil' and heard the arguments of counsel for the plaintiff and adjourned the mater for arguments of the defendant, which is the subject matter of this petition. 5. It is the contention of learned counsel for the petitioner/defendant that due to the ill-health of the defendant, he could not be present before the Court to lead evidence on 18.10.2025. Hence, left with no other alternative, the counsel appearing for the defendant sought time. But, the same was rejected on the ground of non-furnishing of medical record to establish the ill-health of the defendant. [[ 6. Though the medical record was not produced before the Commercial Court, it is produced before this Court at Annexure-G. The same is perused and taken on record. Therefore, it is seen that due to ill-health of the defendant, he could not be present before the Court on 18.10.2025 to lead evidence. Hence, the Commercial Court could have granted one more opportunity to the defendant to lead evidence, which - 4 - HC-KAR NC: 2025:KHC:44886 WP No. 31837 of 2025 it has not done and proceeded further to post the matter for defendant's arguments after hearing the plaintiff's counsel. 7. Learned counsel for respondent/plaintiff fairly submits that he would not have any objection if the petitioner/defendant lead evidence on the next date of hearing without seeking further adjournment and proceed further in the matter without protracting the proceedings. 8. In view of the submissions made by learned counsel for petitioner as well as learned counsel for respondent, this Court deems it appropriate to allow this petition and set aside the impugned order dated 18.10.2025 passed by the Commercial Court and direct the Commercial Court to provide one more opportunity to the defendant to adduce evidence on the next date of hearing and proceed further in the matter. 9. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) The impugned order dated 18.10.2025 passed by the Commercial Court is hereby set aside. - 5 - HC-KAR NC: 2025:KHC:44886 WP No. 31837 of 2025 iii) The Commercial Court is directed to provide one more opportunity to the petitioner/defendant to lead evidence on the next date of hearing and proceed further in the matter, in accordance with law. iv) The petitioner/defendant shall lead evidence on the next date of hearing without seeking further adjournment. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 21