- 1 - HC-KAR CNR: KAHC010261992024 NC: 2026:KHC:36441-DB COMAP No. 181 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO. 181 OF 2024 BETWEEN: 1. TATA GLOBAL BEVERAGES LTD. KIRLOSKAR BUSINESS PARK, BLOCK 4TH FLOOR, HEBBAL REPRESENTED BY POWER AGENT/ SUBROGEE, M/S. UNITED INDIA INSURANCE CO. LTD. LARGE CORPORATE CELL, INDIAN MUTUAL BUILDING, 3RD FLOOR, N R SQUARE BENGALURU-560002 WHO ARE IN TURN REPRESENTED BY ITS PRINCIPAL OFFICER 2. M/S UNITED INDIA INSURANCE CO. LTD. INDIAN MUTUAL BUILDING, LARGE CORPORATE CELL, 3RD FLOOR, N. R SQUARE, BENGALRU-560002 REPRESENTED BY ITS PRINCIPAL OFFICER …APPELLANTS (BY SRI. RANGANATHAN P. S., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010261992024 NC: 2026:KHC:36441-DB COMAP No. 181 of 2024 AND: DARCL LOGISTICS LIMITED RIPON PLACE, 1ST FLOOR, KOLKATA-700016 REP BY ITS MANAGER …RESPONDENT (BY SMT. SWATHI P., ADV. FOR SRI. APPAIAH P.B., ADV.) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1)(A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 03.12.2022 PASSED BY THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85) AT BANGALORE CITY IN COM.O.S. NO.7941/2015, FOUND AT ANNEXURE-A. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR CNR: KAHC010261992024 NC: 2026:KHC:36441-DB COMAP No. 181 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Commercial Appeal is preferred against the Order dated 03.12.2022 passed in Com.O.S.No.7941/2015 by the LXXXIV Additional City Civil and Sessions Judge, at Bengaluru City (CCH-85) ('Commercial Court' for short) passed under Section 8 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short). 2. Heard Sri. Ranganathan P.S, learned counsel appearing for the appellants as well as Smt. Swathi P, learned counsel for Sri. Appaiah P.B, learned counsel appearing for respondent. 3. It is submitted by the learned counsel appearing for the appellants that the facts of the case have not been properly considered by the Commercial Court which rejected the suit. However, we notice that this appeal is preferred under Section 13(1-A) of the Commercial Courts Act, 2015 with a delay of 449 days in filing the appeal. - 4 - HC-KAR CNR: KAHC010261992024 NC: 2026:KHC:36441-DB COMAP No. 181 of 2024 4. The reasons stated in the affidavit filed in support of the application for condonation of delay, admittedly states as follows:- "4. The appellants referred the said matter with the Higher Officials and sought for their assistance and instructions. The said matter has been discussed at various levels. There arose some delay. In the meantime due to change of officials at various levels and the files were referred to various offices and officials that took quite some time as many could not attend office regularly and the files were also misplaced and to trace them took further time. Further delay has occurred. In all there arose a delay of days". 5. We notice that no cause, much less any sufficient cause, has been shown by the appellants which would justify the condonation of delay of 449 days in filing the appeal. We are of the opinion that, in view of the fact that this is an appeal preferred under Section 13(1-A) of the Commercial Courts Act, the delay can be condoned only if sufficient cause is shown by the appellants for the long delay that has occurred. As stated earlier, since no cause has been shown to justify the delay in filing the appeal, we are of the opinion that the appeal cannot be entertained. - 5 - HC-KAR CNR: KAHC010261992024 NC: 2026:KHC:36441-DB COMAP No. 181 of 2024 6. Therefore, IA.No.01/2024 filed for condonation of delay is accordingly dismissed. Consequently, the appeal also stands dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RAK List No.: 1 Sl No.: 8