- 1 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105978 OF 2025 (GM-CPC) BETWEEN: KAMCO, REPRESENTED BY ITS GENERAL MANAGER AGE: 58 YEARS, OCC: SERVICE, R/O. NAITHUKUDY PO MALA, THRISSUR DISTRICT KERALA BY M D JAMES JACOB, AGE: 64 YEARS, OCC: MD, R/O. PANTHIRUVELIL, CHIRAKKADAVU VILLAGE, KANJIPPALLY, KOTTAYAM, KERALA-686574. …PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. UNION OF INDIA REP. BY ITS SECRETARY, DEPARTMENT OF LEGAL AFFAIRS, MINISTRY OF LAW AND JUSTICE, SHASTRI BHAWAN, NEW DELHI-110001. 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, LAW DEPARTMENT, GROUND FLOOR, VIDHANA SOUDHA, BENGALURU-560001. 3. BHARAT AUTOTRAC AGENCIES REP. BY ITS PARTNER SHAHID CHONCHE, SL.NO. 1122/1, NEAR RAILWAY OVER BRIDGE, PB ROAD, NEW GANDHI NAGAR, BELAGAVI-590001. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.17 12:04:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 4. JYOTI AGENCIES REP. BY ITS PARTNER MR. SHIVGANESH, AGE: 60 YEARS, OCC: BUSINESS, R/O. 100-C, BM RAOD, SANTHEPETH, OPP. RMC YARD, HASSAN-573201. …RESPONDENTS (BY SRI. M.B.KANAVI, ADVOCATE FOR R1; SRI. PRAVEEN K.UPPAR, AGA FOR R2; SRI. DAYANAND H.CHOUDHARI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DECLARING THE PROVISO TO RULE 1 OF ORDER VIII OF THE COMMERCIAL COURTS ACT 2015 (SCHEDULE -FIRST SCHEDULE TO CODE (D) IN ORDER VIII-), AS INTRODUCED BY THE COMMERCIAL COURTS ACT, 2015 BY THE RESPONDENT NO. 1 AS UNCONSTITUTIONAL, ULTRA VIRES AND VOID BEING VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA; IN ALTERNATIVE ISSUE WRIT IN THE NATURAL OF DECLARATIONS DECLARING THE PROVISO TO RULE 1 OF ORDER VIII OF THE COMMERCIAL COURTS ACT 2015 (SCHEDULE -FIRST SCHEDULE TO CODE (D) IN ORDER VIII-), AS INTRODUCED BY THE COMMERCIAL COURTS ACT, 2015 BY THE RESPONDENT NO. 1 IS NOT MANDATORY BUT ONLY DIRECTORY AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. 2. This petition is filed assailing the orders dated 07.07.2025 passed in Comm.O.S.No.199/2023 on the file of Principal District Judge, Belagavi1. 3. The Commercial Court rejected I.A.No.II filed by defendant No.1/petitioner under Section 151 of the Code of Civil Procedure, 19082, seeking permission to file written statement beyond 120 days from the date of appearance in the commercial suit. 4. The Commercial Court also rejected I.A.Nos.III and IV filed by defendant No.1/petitioner under Section 151 of the Code and under Order XVIII Rule 17 read with Section 151 of the Code, respectively, seeking to reopen the case and to recall PW.1 for the purpose of permitting defendant No.1 to cross-examine PW.1. 1 For short, ‘Commercial Court’ 2 For short, ‘Code’ - 4 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 5. Since it is an admitted fact that the dispute is pending before the Commercial Court, the defendant was required to file written statement within 120 days from the date of appearance. Having failed to do so, the defendant cannot seek extension of time, as the law does not provide for such extension. 6. As far as the application seeking permission to cross- examine PW.1, the Court rejected the same on the premise that the defendants have not filed a written statement. However, filing of a written statement is not a condition precedent for cross-examining the plaintiff or his witnesses. 7. Based on the averments made in the plaint, the defendants can be permitted to cross-examine PW.1 to the extent permissible in law. 8. Hence, the following: ORDER a) The petition is allowed in part. b) The order dated 07.07.2025 passed on I.A.No.II filed under Section 151 of the - 5 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 Code of Civil Procedure, 1908, in Comm.O.S.No.199/2023 on the file of Principal District Judge, Belagavi, is rejected. c) The orders dated 07.07.2025 I.A.No.III and I.A.No.IV filed by defendant No.1/petitioner under Section 151 of the Code of Civil Procedure, 1908, and under Order XVIII Rules 17 read with Section 151 of the Code of Civil Procedure, 1908, respectively are allowed. d) The defendants are permitted to cross- examine PW.1 to the extent permissible under law. e) Since the petitioner has raised a question relating to Constitutional Validity to Rule I of Order of the Commercial Court’s Act, 2015 (Schedule – First Schedule to Code [D] in Order VIII), and seeks leave of the - 6 - HC-KAR NC: 2025:KHC-D:18147 WP No. 105978 of 2025 Court to question the same in an appropriate proceeding. The said prayer is rejected without adjudicating on the merit. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh/List No.: 1 Sl No.: 15