- 1 - HC-KAR NC: 2025:KHC:36755 WP No. 23567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23567 OF 2025 (GM-CPC) BETWEEN: M/S KUPS FOODS AND BEVERAGES PVT LTD., SHOP NO. 2, GROUND FLOOR, NEW NO. 3 (OLD NO. 1251), 3RD CROSS, 3RD MAIN, NAGAPPA BLOCK, SRIRAMPURAM, BENGALURU-560 021. REP BY ITS DIRECTOR MR. A. DINESH BABU, REGISTERED UNDER COMPANIES ACT-2013 …PETITIONER (BY SRI. RAVINDRA PRASAD B.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36755 WP No. 23567 of 2025 AND: SMT. M REVATHAMMA W/O LATE. R. PRASAD, NO. 409, PORTION NO.3, 8TH 'B' MAIN, 4TH BLOCK, JAYANAGARA, BENGALURU-560 011. …RESPONDENT (BY SRI. V.SHIVAKUMAR., ADVOCATE FOR C/R) THIS WP IS FILED UNDER 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDER 28-06-2025 PASSED BY THE HONBLE LXXXIX ADDI. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-90) COM. OS NO. 509/2023, ON IA NO. 7 AND 8 FILED BY THE PETITIONER VIDE ANNEXURE-F, AND FURTHER ALLOW THE IA NO. 7 AND 8 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36755 WP No. 23567 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Ravindra Prasad B, learned counsel appearing for the petitioner and Sri. V.Shivakumar, learned counsel appearing for the respondent. 2. The petitioner is before this court calling in question an order dated 28.09.2025. The petitioner is the defendant and respondent is the plaintiff. The two are before the Commercial Court in Com.OS.No.509/2023. They registered a suit against the petitioner for eviction and arrears of rent. The issue is not with regard to the merit of the matter. The petitioner files an application seeking recall of PW.1 for further cross examination. The concerned Court permits the said applicant and post the matter for further cross examination. The petitioner does not utilize the said opportunity and files another application seeking further cross examination. The concerned Court has now rejected the same by the following order: "ORDERS ON IA NO.7 & 8 The defendant has filed IA No.7 under Section 151 of CPC praying this Court to reopen the stage and IA No.8 - 4 - HC-KAR NC: 2025:KHC:36755 WP No. 23567 of 2025 under Order XVIII Rule 17 of CPC to recall PW.1 for further Cross-examination. 02. These applications are supported with affidavit sworn by the authorized person for defendant wherein it is contended that as the counsel for defendant was not keeping well he could not Cross-examine PW.1 on 09.04.2025. Hence, prays to allow the applications. 03. The plaintiff has filed objections and prays to dismiss the application. 04. Heard. Perused. 05. Keeping in mind, the rival contentions I have bestowed my attention to the order sheet wherein it appears the issues have been framed on 02.07.2024 and the plaintiff has concluded her evidence on 17.03.2025 and the case was listed for Cross-examination of PW.1 by 05.04.2025. 06. On 05.04.2025 the counsel for defendant sought time and hence the of PW.1 was Cross- examination adjourned subject to payment of cost. 07. On 09.04.2025 the PW.1 was present during the first calling hours however, the defendants were absent and there was no representation. Later on the case was adjourned to 12.05 p.m. and even then there was no representation either from defendant or his counsel. Hence, the Cross-examination of PW.1 was taken as nil and closed. 08. Admittedly, the present plaintiff is aged more than 73 years who is represented through her Power of Attorney Holder. 09. The defendant being a Private Limited Company is defending and contesting this eviction suit filed by an age old woman. It appears the defendant has not even paid the rents to the plaintiff. Moreover, the only reason which is assigned by the defendant that as his counsel was not feeling well he could not Cross-examine PW.1 is not tenable atleast before the Commercial Courts. In my opinion there is no bonafide on the part of the defendant - 5 - HC-KAR NC: 2025:KHC:36755 WP No. 23567 of 2025 in filing these applications. Accordingly, both the applications being devoid of merits deserves to be dismissed. Hence, I proceed to pass the following ORDER The IA No.7 & 8 filed by the defendant under Section 151 of CPC and Under Order XVII Rule 17 of CPC respectively is hereby dismissed. Call on for defendant evidence by 04.07.2025." 3. A perusal at the order would not indicate any perversity or being contrary to law. Petitioner has been given opportunity to cross examine, which he has lost and the proceedings are before the Commercial Court, where the timelines indicated under the statute is to be followed strictly. 4. In that light, petition stands disposed, without interfering with the impugned order. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 2 Sl No.: 12