- 1 - HC-KAR NC: 2026:KHC:20094-DB COMAP No. 148 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 148 OF 2026 BETWEEN: M/S V K CORORATION REGISTERED PARTNERSHIP FIRM S-1, 1ST CROSS, 1ST PHASE, PEENYA INDUSTRIAL ESTATE, BANGALORE-560 058. REPRESENTED BY ITS GPA HOLDER SRI. SATISH R SON OF SRI RAJASHEKAR, AGED ABOUT 35 YEARS …APPELLANT (BY SRI. PUTTARAJA C P, ADVOCATE) AND: 1. SMT R PUSHPA WIFE OF SRI PARANJOTHI K.R. 2. SRI P. JAGADEESH SON OF SRI PARANJOTHI K.R. 3. SRI P. AKILESH SON OF SRI PARANJOTHI K.R, RESPONDENTS No.1 TO 3 ALL ARE RESIDING AT NO.533, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20094-DB COMAP No. 148 of 2026 MAHADESHWAR NILAYA 15 AND 16 CROSS, SAMPIGE ROAD, BANGALORE - 560 003. …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE LEARNED THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-86) COMMERCIAL COURT IN OS NO.408/2023, AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 30.05.2023 PRODUCED AT BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The present appeal is filed impugning the judgment and decree dated 30.05.2023 passed in Com.O.S. No.408/2023, whereby the said suit was dismissed. The appellant has filed the present suit after the inordinate delay of 955 days. The only explanation provided for the inordinate delay is set out in the third paragraph of the affidavit affirmed in support of the said application. The same is set out below: "3. It is further submitted that, the suit filed by the appellant was dismissed, the same is intimated the - 3 - HC-KAR NC: 2026:KHC:20094-DB COMAP No. 148 of 2026 counsel, due to personal problem, he is admitted in Shankar Cancer Hospital under treatment therefore I could not meet the counsel in time, after that I have meet the 1st week of February 2026 and he informed that you has been obtain the certified copy, of the judgement and decree and later I obtained the certified copy on 19/02/2026. I have to file the appeal could not meet my counsel to prefer the appeal, hence there is delay in filing this appeal." 2. As is apparent from the above, there is no credible explanation regarding the delay of 955 days. The appellant has not provided any specific details as to when his counsel was hospitalized and when he was discharged. We are unable to accept the contention that the appellant was prevented from sufficient cause in filing the present appeal within the stipulated time. 3. The application (I.A.1/2026) is accordingly dismissed. Consequently, the appeal is dismissed as well. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS- List No.: 2 Sl No.: 16