- 1 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 15796 OF 2022 (GM-CPC) BETWEEN: LILY REALTY PRIVATE LTD A COMPANY UNDER THE COMPANIES ACT 2013, HAVING OFFICE AT: FLOOR 3, PLOT NO. 254, A BAND BOX, DR. ANNIE BESANT ROAD, WORLI COLONY, MUMBAI - 400 030. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. PRABHAKAR. DEPUTY GENERAL MANAGER. …PETITIONER (BY SMT. PRIYA KALE, ADVOCATE FOR SRI. GEORGE JOSEPH, ADVOCATE) AND: M/S. HARSHA BUILDERS, SOLE PROPREITORSHIP HAVING OFFICE AT: NO.417/1, 12TH A MAIN, SECTOR A, 3RD PHASE, YELAHANKA NEW TOWN, BENGALURU - 560 064. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 BY ITS PROPREITOR MR. HARSHA. S …RESPONDENT (BY SRI. M.K. SRIPATHY, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DTD 04.07.2022 ANNEXURE-A PASSED ON I.A.NO.3 IN COM.O.S.NO.827/2021 ON THE FILE OF THE HONBLE COURT OF THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (COURT HALL NO.88) AND CONSEQUENTLY PASS AN ORDER ALLOWING I.A.NO.3 AS PRAYED FOR BY THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 04.07.2022 passed on I.A.No.3 in Com.O.S.No.827/2021 by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the 'Commercial Court' for short). - 3 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 2. Heard Smt. Priya Kale, learned counsel appearing on behalf of Sri George Joseph, learned counsel for the petitioner and Sri M.K. Sripathy, learned counsel appearing for the respondent. 3. The respondent filed Com.O.S.No.827/2021 seeking a judgment and decree directing the defendants to pay a sum of Rs.26,06,625/- with interest. In the said suit, summons was served on the petitioner/defendant No.1 on 10.01.2022. In view of the COVID-19 pandemic and the SOP issued by this Court, the date fixed for the appearance of the defendants was 25.01.2022. 4. It is required to be noticed that defendant No.1 filed two applications, I.A.No.2 filed under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking to set aside the order placing the defendant ex-parte and I.A.No.3 filed under Section 151 of the CPC seeking permission to file a written statement. The Commercial Court, under the impugned order dated 04.07.2022, allowed I.A.No.2 filed under Order IX Rule 7 - 4 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 of the CPC however, rejected I.A.No.3 filed under Section 151 of the CPC seeking permission to file the written statement on the ground that the application was not accompanied with the written statement and beyond time. 5. It is further required to be noticed that defendant No.1 entered appearance before the Commercial Court on 28.02.2022 and ought to have filed the written statement from the date of service of summons i.e. 10.01.2022. However, it is also required to be noticed that the Hon'ble Supreme Court, in the case of PRAKASH CORPORATES VS. VEEBEE PROJECTS LTD.1, excluded the period from 15.03.2020 to 28.02.2022 and if the aforesaid period is excluded, the petitioner's application seeking permission to file the written statement would be within the period of 120 days. 6. It is also required to be noticed that the learned counsel for the respondent/plaintiff fairly admits the said fact and submits that the application seeking permission to 1 (2022) 5 SCC 112 - 5 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 file the written statement can be allowed by imposing some costs, as the petitioner has taken sufficient adjournment in the matter and the suit is of the year 2021. 7. Taking note of the aforesaid submission and for the aforementioned reasons, I proceed to pass the following: ORDER a) The writ petition is allowed. b) The impugned order dated 04.07.2022, insofar as it relates to rejection of I.A.No.3 filed by defendant No.1 seeking permission to file the written statement is hereby set aside. c) Consequently, I.A.No.3 filed by defendant No.1 is allowed. d) Defendant No.1 shall file the written statement within a period of three weeks from the date of receipt of certified copy of - 6 - HC-KAR CNR: KAHC010358772022 NC: 2026:KHC:44218 WP No. 15796 of 2022 the order subject to the petitioner/defendant No.1 paying cost of Rs.10,000/- to the plaintiff. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 28