- 1 - HC-KAR CNR: KAHC010090012026 NC: 2026:KHC:49875-DB COMAP No. 79 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 79 OF 2026 BETWEEN: SMT. M. DEVI, W/O LATE R MUNIKRISHNAMA NAIDU, AGED ABOUT 45 YEARS, R/AT NO.608, 4TH CROSS, BSK IST STAGE, 2ND BLOCK, BENGALURU-50. …APPELLANT (BY SRI. JANARDHANA B.N., ADVOCATE FOR SRI. ARUN BHAT, ADVOCATE) AND: SRI. RAMESH K S S/O THIMMAIAH, AGED ABOUT 47 YEARS, R/AT NO.37, IST MAIN, 3RD CROSS, VIVEKANANDA NAGARA, KP ROAD, BENGALURU-560 078. SHOP IN THE NAME AND STYLE OF SRI LAKSHMI VENKATESHWARA BIRIYANI RESTAURANT, GROUND FLOOR, BEARING NO.8, IST CROSS, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010090012026 NC: 2026:KHC:49875-DB COMAP No. 79 of 2026 WEST OF KANAKAPURA ROAD, KRISHNA RAJENDRA ROAD, JAYANAGARA 7TH BLOCK, BENGALURU-70. …RESPONDENT THIS COMAP FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO AFTER PERUSING THE RECORDS SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 05.12.2025 PASSED IN COM.OS.NO.1442/2024 AND THEREBY REVERSE THE FINDINGS OF THE HON'BLE TRIAL COURT AND DECREE THE SUIT OF THE PLAINTIFF / APPELLANT IN INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 13(1-A) of the Commercial Courts Act, 2015 has been filed impugning the judgment and order dated 05.12.2025 passed by the LXXII City Civil and Sessions Judge, Commercial Court, - 3 - HC-KAR CNR: KAHC010090012026 NC: 2026:KHC:49875-DB COMAP No. 79 of 2026 Bengaluru (CCH-83) (hereinafter referred to as trial Court for short) in Com.O.S.No.1442/2024. 2. The suit has been filed for recovery of arrears of rent of Rs.3,57,776/- without invoking the pre-institution of mediation. 3. In view of the provisions of Section 12-A of the Commercial Courts Act, pre-institution mediation and settlement is mandatory except in cases where urgent interim relief is needed. This is a mandatory provision. Since, the appellant has not exhausted the remedy of pre- institution mediation, the trial Court has dismissed the suit. 4. We find no error in the impugned judgment and order passed by the trial Court. Therefore we, dismiss the appeal. However, the appellant would be at liberty to take fresh proceedings in accordance with law. - 4 - HC-KAR CNR: KAHC010090012026 NC: 2026:KHC:49875-DB COMAP No. 79 of 2026 5. Court fee paid in instituting the appeal to be refunded to the appellant in accordance with the law. Original documents also be returned after keeping photocopy of the same. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 9