- 1 - HC-KAR CNR: KAHC010313502022 NC: 2026:KHC:41981 WP No. 14007 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 14007 OF 2022 (GM-CPC) BETWEEN: M/S SPOT FREE SOLUTIONS PRIVATE LIMITED O/AT KAVIKA FACTORY MYSORE ROAD BANGALORE - 560 026 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR SHASHI KUMAR KAMBEYANDA NANAIAH S/O MR. NANAIAH K.M. …PETITIONER (BY SRI. GAUTHAMI S. BHANDARY, ADVOCATE) AND: 1. M/S SLV DEVELOPERS PRIVATE LIMITED O/AT NO.108, HMT LAYOUT NTI LAYOUT, VIDYARANYAPURA BANGALORE - 560 097 REPRESENTED BY ITS SPA HOLDER: SMT. MALA 2. M/S MANYATHA ENERGY PRIVATE LIMITED O/AT NO.16/7, A-SECTOR YELAHANKA NEW TOWN YELAHANKA BANGALORE - 560 064 …RESPONDENTS (BY SMT. REVATHI ADINATHA NARDE, ADVOCATE FOR R1) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010313502022 NC: 2026:KHC:41981 WP No. 14007 of 2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.29.6.2022 ANNEXURE-A PASSED BY THE HONBLE LXXXII ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-83) BANGALORE IN COME O.S.NO.351/2019 AND DIRECT THE TRIAL COURT TO TAKE WRITTEN STATEMENT ON RECORDS AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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 29.06.2022 passed in Com.O.S.No.351/2019 by the Hon’ble LXXXII Additional City Civil and Sessions Judge (CCH-83), Bengaluru (hereinafter referred to as the ‘Commercial Court’ for short). 2. Heard Smt. Gauthami S Bhandary, learned counsel for the petitioner, Smt. Revathy S Adinatha Narde, learned counsel for respondent No.1 and perused the material available on record. - 3 - HC-KAR CNR: KAHC010313502022 NC: 2026:KHC:41981 WP No. 14007 of 2022 3. Respondent No.1 filed Com.O.S.No.351/2019 against the petitioner herein and respondent No.2 seeking recovery of a sum of Rs.72,60,000/- with interest at the rate of 24% per annum from the date of filing of the suit till the date of realization. In the said suit, the Commercial Court issued summons to defendant No.1. The learned counsel for defendant No.1 filed vakalath on 04.03.2020. From 21.03.2020, due to the COVID-19 pandemic, the Courts were closed. Thereafter, the learned counsel for defendant No.1 filed NOC vakalath and sought time to file the written statement. The Commercial Court accepted the vakalath and recorded that the written statement was not filed. 4. Thereafter, on 27.07.2021, the learned counsel for defendant No.1 filed an application under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to recall the order dated 08.03.2021 and prayed to accept the written statement on record. The Commercial Court, vide order dated - 4 - HC-KAR CNR: KAHC010313502022 NC: 2026:KHC:41981 WP No. 14007 of 2022 29.06.2022, rejected the said application on the ground that the filing of the written statement was beyond the period of 120 days, which is impermissible. 5. The learned counsel appearing for both the parties fairly submit that, in view of the decision of the Hon'ble Supreme Court in the case of PRAKASH CORPORATES vs. DEE VEE PROJECTS LIMITED1, the period of limitation stands extended. If the said benefit is extended, the filing of the written statement would be within a period of 120 days. In view of the joint submission made on behalf of the petitioner and respondent No.1, I am of the considered view that the petition deserves to be allowed. 6. Accordingly, I proceed to pass the following: ORDER a) The writ petition is allowed. b) The impugned order dated 29.06.2022 passed in Com.O.S.No.351/2019 by the 1 (2022) 5 SCC 112 - 5 - HC-KAR CNR: KAHC010313502022 NC: 2026:KHC:41981 WP No. 14007 of 2022 Hon’ble LXXXII Additional City Civil and Sessions Judge (CCH-83), Bengaluru, is hereby set aside. c) Consequently, the application filed by the petitioner/defendant No.1 under Order XVIII Rule 17 read with Section 151 of CPC seeking acceptance of the written statement is allowed. d) The Commercial Court shall accept the written statement and proceed with the suit in accordance with law. e) The trial Court shall make an endeavour to dispose of the suit as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 4