- 1 - HC-KAR CNR: KAHC010595042023 NC: 2026:KHC:37564-DB COMAP No. 446 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO.446 OF 2023 BETWEEN: M/S. FORMICA LAMINATES (I) PVT. LTD. NO. 591/591 6TH K M STORE KALOI-VAMAJ ROAD VILLAGE-PIYAJ TAJ KALOL GANDHI NAGAR GUJARAT 382721, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MR. AJAY KURANA …APPELLANT (BY SRI. GOPALAKRISHNA GOWDA I., ADVOCATE) AND: PE EL ASIA TRADING PVT LTD NO. 20/1-2, 4TH FLOOR, LSM TOWER Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010595042023 NC: 2026:KHC:37564-DB COMAP No. 446 of 2023 NAYANDAHALLI MYSORE ROAD BENGALURU 560 039 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. PRAVEEN KUMAR DEVSI PATEL …RESPONDENT (BY SMT. SOWMYA R., ADVOCATE) THIS COMMERCIAL APPEAL IS UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W, SECTION 105 OF THE CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER BEING ORDER DATED 05.08.2023 PASSED IN COM.MISC.NO. 37/2023 BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING PETITION FILED UNDER ORDER 9 RULE 13 OF THE CPC, PRODUCED AT ANNEXURE-A. THIS APPEAL, COMING ON FOR ADMISSION, 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: KAHC010595042023 NC: 2026:KHC:37564-DB COMAP No. 446 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. This Commercial Appeal is filed under Section 13(1A) of the Commercial Courts Act, 2015 r/w Section 105 of Code of Civil Procedure, 1908, ("CPC" for short), challenging the order dated 05.08.2023, passed in Comm.Misc.No.37/2023 by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru, ("Commercial Court" for short), whereby the petition filed by the appellant/petitioner under Order IX Rule 13 r/w Section 151 of CPC came to be dismissed. 3. We have perused paragraph No.22 of the impugned order, wherein the Commercial Court has observed as follows; "So, in view of the above facts and discussions, I am of the view that the petitioner/defendant has made out sufficient grounds to set aside judgment and decree in Com. O.S. No.411/2020 passed by this court and restore the same by allowing the present petition. Hence, I answer point No.4 in the Negative." - 4 - HC-KAR CNR: KAHC010595042023 NC: 2026:KHC:37564-DB COMAP No. 446 of 2023 However, in the operative portion of the impugned order, the Commercial Court dismissed the petition filed by the petitioner under Order IX Rule 13 of CPC. In fact, the Commercial Court ought to have allowed the petition filed under Order 9 Rule 13 of CPC. 4. We have perused the memorandum of appeal as well as the impugned order. The Commercial Court ought to have allowed the petition, but instead, it has rejected the petition. 5. Considering the fact that the appellant ought to be afforded an opportunity to defend the suit, we are of the view that it is just and necessary to allow the appeal. Accordingly, the commercial appeal is allowed. The impugned order dated 05.08.2023, passed in Comm. Misc. No.37/2023, is set aside. Consequently, the ex-parte judgment and decree dated 01.07.2022 passed in O.S.No.411/2020 is also set aside and the matter is remanded to the Commercial Court for fresh consideration in accordance with law. All contentions of the parties are left open. - 5 - HC-KAR CNR: KAHC010595042023 NC: 2026:KHC:37564-DB COMAP No. 446 of 2023 The parties shall appear before the Commercial Court on 24.08.2026, without awaiting any notice from the Commercial Court. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 1 Sl No.: 2