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2026 DAILYLAW 34065 (KAR)

M/S. TENET DIAGNOSTICS PVT LTD v. MR. DAYANAND P

COMAP/385/2026 · 2026-08-07

K S Hemalekha

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010537962026 NC: 2026:KHC:41948-DB COMAP No. 385 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.385 OF 2026 BETWEEN: M/S. TENET DIAGNOSTICS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO.643, 11TH MAIN ROAD, 7TH CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038 REPRESENTED BY ITS AUTHORISED SIGNATORY DR. ANAND H.K., S/O KRISHNAMURTHY H.A. AGED ABOUT 53 YEARS. …APPELLANT (BY SMT. KRISHMA NEDUNGADI, ADVOCATE) AND: MR. DAYANAD .P REPRESENTED BY HIS SPA HOLDER MR. MELVIN MATHEW S/O LATE K.V. PRABHUSWAMY, NO.134, OLD AIRPORT ROAD, OPPOSITE LEELA PALACE, KODIHALLI, BANGALORE-560017. …RESPONDENT Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010537962026 NC: 2026:KHC:41948-DB COMAP No. 385 of 2026 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) PROVISO OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 27.07.2026 PASSED BY THE HON'BLE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU (CCH-86) IN I.A.NO.3/26 REJECTING I.A.NO.3/26 IN COM.O.S.NO.1801/2025 AT ANNEXURE-A, AND CONSEQUENTLY ALLOW I.A.NO.3/26 FILED BY THE APPELLANT UNDER ORDER XI RULE 1(10) OF COMMERCIAL COURTS ACT, READ WITH SECTION 151 OF CPC AT ANNEXURE-G, PERMITTING THE APPELLANT TO PRODUCE THE ADDITIONAL DOCUMENTS AND TAKE THE SAME ON RECORD. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning the order dated 27.07.2026 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) (Commercial Court) [Commercial Court] on I.A No.III in Com. O.S. No.1801/2025. 2. The appellant, who is arrayed as defendant in the said suit, had filed the said application under Order XI Rule 1(10) of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 [CPC] seeking permission to produce additional documents. - 3 - HC-KAR CNR: KAHC010537962026 NC: 2026:KHC:41948-DB COMAP No. 385 of 2026 3. The learned Commercial Court rejected the said application. The impugned order is not an appealable under Order XLIII Rule 1 of the CPC and therefore, in terms of Section 13 (1-A) of the Commercial Courts Act, 2015, the present appeal is not maintainable. The same is accordingly dismissed. 4. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 22