- 1 - HC-KAR NC: 2025:KHC:54343 WP No. 16051 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 16051 OF 2024 (GM-CPC) BETWEEN: M/S C STORE PROPRITORYSHIP CONCERN REPRESENTED BY ITS PROPRIETOR MR. NAVEEN KUMAR NO.39, 80 FT ROAD, HAL III STAGE INDIRANAGAR BENGALURU 560 075 NOW AT CABIN NO.15E, 2nd FLOOR ONE COWORK, ABOVE K.F.C. BARLEZY JUNCTION, SONY WORLD SIGNAL 6th BLOCK, KORAMANGALA - 560 095. …PETITIONER (BY SRI VINAY S, ADV., FOR SRI CHINMAY J MIRJI, ADV.) AND: M/S PREMIER IT SOLUTIONS INDIA PVT. TLD 1091, F6 Ist FLOOR, SRNG COMPLEX, OTC ROAD BENGALURU - 560 002 A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 REP. BY DIRECTOR. …RESPONDENT (BY SRI VARUN JAIN, ADV., FOR SRI AKSHATHA PRASAD M.D, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 12.03.2024 PASSED BY THE HONBLE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE COMMERCIAL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54343 WP No. 16051 of 2024 DIVISIO AT BENGALURU (CCH-86) IN COM.O.S.NO.639/2023 (ANNEXURE A) AND CONSEQUENTLY ALLOW THE INTERLOCUTORY APPLICATION NO.3 FILED BY THE RESPONDENT HEREIN COM.O.S.639/2023, PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL DIVISION0 AT BENGALURU (CCH-86) 9ANNEXURE-D). THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 12.03.2024 passed on IA.no.3 in Comm.O.S.No.639/2023 by the Court of LXXXV Addl. City Civil & Sessions Judge, Commercial Court, Bengaluru. 2. Heard the learned Counsel for the parties. 3. IA.no.3 was filed on behalf of the defendant in Comm.O.S.No.639/2023 under Section 151 CPC, with a prayer to recall the order dated 14.02.2024, and thereafter, permit the defendant to further cross-examine PW-1. - 3 - HC-KAR NC: 2025:KHC:54343 WP No. 16051 of 2024 4. The said application was rejected by the Trial Court. Aggrieved by the same, the defendant is before this Court. 5. Learned Counsel for the respondent/plaintiff has submitted that he has no objection to grant the relief sought for in the writ petition, subject to appropriate costs being imposed on the petitioner. 6. Having regard to the aforesaid, I am of the opinion that the prayer made in the writ petition can be granted subject to imposing appropriate costs. Accordingly, the following order: 7. Writ petition is allowed. The impugned order dated 12.03.2024 passed on IA.no.3 in Comm.O.S.No.639/2023 by the Court of LXXXV Addl. City Civil & Sessions Judge, Commercial Court, Bengaluru, is set aside. Consequently, the prayer made in IA.no.3 is granted, subject to payment of costs of Rs.10,000/- payable by the petitioner to the respondent/plaintiff on the next date of hearing before the Trial Court. - 4 - HC-KAR NC: 2025:KHC:54343 WP No. 16051 of 2024 8. Since the suit is of the year 2023, the Trial Court shall make endeavours to expedite the trial in the suit and dispose of the same on merits, as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE KK