- 1 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22766 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 22647 OF 2026 (GM-CPC) IN WP No. 22766/2026 BETWEEN: MRS. CHITRAKALA RAGHUNATH RAI W/O. SRI. RAGHUNATHA RAI, AGED ABOUT 53 YEARS, R/AT NO.5, 2ND MAIN, 2ND CROSS, SOMESHWARA NAGAR, YELAHANKA NEW TOWN, BANGALORE -560 064 …PETITIONER (BY SRI. K.S.CHANDRAHASA, ADVOCATE) AND: 1. BANK OF BARODA A CORPORATE BODY CONSTITUTED UNDER THE PROVISIONS OF BANKING COMPANIES (ACQUISITION OF TRANSFER UNDERTAKING) ACT, 1980 HAVING ITS HEAD OFFICE AT BARODA HOUSE, MANDVI, BARODA- 390 001 WITH BRANCHES ALL OVER INDIA AND ITS YELAHANKA NEW TOWN BRANCH, BANGALORE 560 064. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 DULY REPRESENTED BY ITS BRANCH MANAGER MR. MANOJ KUMAR 2. SRI. MADHAVA SHETTY, AGED ABOUT 52 YEARS, S/O. NAGAPPA SHETTY PROPRIETOR M/S. MANVITHA ENTERPRISES, NO.05, 1ST MAIN ROAD, 3RD B CROSS, SOMEWSHWARA NAGAR, YELAHANKA NEW TOWN, BENGALURU- 560 064 …RESPONDENTS (BY SRI.BRIJESH CHANDER GURU, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN COM.O.S NO. 668/2025 PENDING ON THE FILE OF THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-89) COMMERCIAL COURT, BENGALURU, TO PERUSE THE SAME AND ALLOW THE WRIT PETITION AND ISSUE. IN WP NO. 22647/2026 BETWEEN: MRS. CHITRAKALA RAGHUNATH RAI W/O. SRI. RAGHUNATHA RAI, AGED ABOUT 53 YEARS, R/AT NO.5, 2ND MAIN, 2ND CROSS, SOMESHWARA NAGAR, YELAHANKA NEW TOWN, BANGALORE 560 064 ...PETITIONER (BY SRI. K.S.CHANDRAHASA, ADVOCATE) AND: 1. BANK OF BARODA - 3 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 A CORPORATE BODY CONSTITUTED UNDER THE PROVISIONS OF BANKING COMPANIES (ACQUISITION OF TRANSFER UNDERTAKING) ACT, 1980 HAVING ITS HEAD OFFICE AT BARODA HOUSE, MANDVI, BARODA- 390 001 WITH BRANCHES ALL OVER INDIA AND ITS YELAHANKA NEW TOWN BRANCH, BANGALORE 560 064. DULY REPRESENTED BY ITS BRANCH MANAGER MR. MANOJ KUMAR 2. SRI. MADHAVA SHETTY, AGED ABOUT 52 YEARS, S/O. NAGAPPA SHETTY PROPRIETOR M/S. MANVITHA ENTERPRISES, NO.05, 1ST MAIN ROAD, 3RD B CROSS, SOMEWSHWARA NAGAR, YELAHANKA NEW TOWN, BENGALURU- 560 064 ...RESPONDENTS (BY SRI.BRIJESH CHANDER GURU, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO(A) CALL FOR RECORDS IN COM.O.S NO. 668/2025 PENDING ON THE FILE OF THE LXXXVIII ADDL.CITY CIVIL AND SESSIONS JUDGE, (CCH-89) COMMERCIAL COURT, BENGALURU, TO PERUSE THE SAME AND ALLOW THE WRIT PETITION AND ISSUE. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 ORAL COMMON ORDER The writ petitions are filed aggrieved by the order passed on I.A.Nos.4 and 5 in COM.OS.No.668/2025 dated 13.07.2026 passed by the LXXXVIII Addl. City Civil & Sessions Judge (CCH- 89) Commercial Court, Bengaluru. 2. The petitioner herein is the defendant No. 2. The I.A. Nos. 4 and 5 have been filed praying to reopen the case and recall PW-1 for further cross-examination. It is the case of the defendant that when the matter was posted for further cross- examination of the plaintiff, he was present before the Court. In the morning session, by the time he reached the Court, the matter was passed over, and in the afternoon, by the time he reached the Court, the evidence of PW-1 was closed. It is submitted that when an application was filed to recall PW-1 for further cross-examination and to reopen the Court, without considering the case of the petitioner and the difficulties expressed, the application was dismissed. It is submitted that if one opportunity is given to the petitioner, on that day he will complete the cross-examination of PW-1. - 5 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 3. Sri Brijesh Chander Guru, learned counsel for the respondent, submits that he has instructions to file vakalath on behalf of the first respondent herein. It is submitted that the commercial court has given sufficient opportunities to the petitioner, and he failed to avail the same. The court has rightly passed an order by closing the cross-examination of the plaintiff. It is submitted that PW-1 has now been transferred from the concerned branch. It is difficult for him to appear before the Court, and the Court has rightly considered and dismissed the applications, and there are no grounds to interfere. 4. Having heard the learned counsels on either side, perused the material on record. The Court notes that the order dated 13.07.2026 shows lapses on the part of the petitioner. At the same time, the Court has to look at the substantial interests of the parties. In these circumstances, this Court is of the view that if one opportunity is given to the petitioner to cross-examine PW-1, it would serve the ends of justice and no prejudice will be caused to the plaintiff. - 6 - HC-KAR CNR: KAHC010501312026 NC: 2026:KHC:39193 WP No. 22766 of 2026 C/W WP No. 22647 of 2026 5. In that view of the matter, this Court is passing the following: ORDER i. The Order impugned passed on I.A.Nos.4 and 5 in COM.OS.No.668/2026 dated 13.07.2026 by CCH- 89 is set aside and consequently, I.A.Nos.4 &5 are Allowed. ii. On 13.08.2026, the PW-1 shall be present for the cross-examination. On the very same day, the defendant No.2 shall conclude the cross- examination and no further opportunity will be given. iii. Accordingly, both the writ petitions WP.No.22766/2026 and WP.No.22647/2026 are Allowed. iv. Pending IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 72