- 1 - HC-KAR CNR: KAHC010174572026 NC: 2026:KHC:50056-DB COMAP No. 133 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 133 OF 2026 BETWEEN: VIKRAM TRADERS A PARTNERSHIP FIRM INCORPORATED UNDER THE PARTNERSHIP ACT HAVING ITS REGISTERED OFFICE AT SUBRAMANYAPURA BANGALORE-560061. (REPRESENTED BY ITS AUTHORISED SIGNATORY MR. NAGAPPA MIRAGI B.) …APPELLANT (BY SRI. N.K. DILIP, ADVOCATE) AND: 1. MS. SHEFALI SOOD MAJOR AUTHORISED OFFICER SOGANI FASHIONS JAIPUR LLP HAVING ITS REGISTERED OFFICES AT: G557, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022, INDIA. 2. MR. HARUN MAJOR AUTHORISED OFFICER Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010174572026 NC: 2026:KHC:50056-DB COMAP No. 133 of 2026 SOGANI FASHIONS JAIPUR LLP HAVING ITS REGISTERED OFFICES AT: G557, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN, INDIA-302022. 3. SOGANI FASHIONS JAIPUR LLP A LIMITED LIABILITY PARTNERSHIP FIRM INCORPORATED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2008 HAVING ITS REGISTERED OFFICES AT: G557, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN, INDIA-302022. (REPRESENTED BY ITS PARTNERS MR. RAJESH SOGANI AND MR. SONU SOGANI). 4. MR. RAJESH SOGANI DESIGNATED PARTNER OF SOGANI FASHIONS JAIPUR LLP HAVING ITS REGISTERED OFFICES AT: G557, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022, INDIA. 5. MRS. SONU SOGANI DESIGNATED PARTNER SOGANI FASHIONS JAIPUR LLP HAVING ITS REGISTERED OFFICES AT: G557, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022, INDIA. …RESPONDENTS (R1 TO R5 ARE SERVED AND UNREPRESENTED) THIS COMAP IS FILED UNDER SECTION 13(1) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 151 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.01.2026 PASSED BY THE HONOURABLE LXXXVIII - 3 - HC-KAR CNR: KAHC010174572026 NC: 2026:KHC:50056-DB COMAP No. 133 of 2026 ADDITIONAL CITY CIVIL AND SESSION JUDGE, COMMERCIAL COURT (CCH-89), BANGALORE IN COM.O.S.NO.160/2024 (PER ANNEXURE A) AND PERMIT THE CONTINUATION OF THE SUIT AGAINST THE RESPONDENT NO.1 AND RESPONDENT NO.2 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, 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 Commercial Appeal under Section 13(1-A) of the Commercial Courts Act, 2015 has been filed impugning the order dated 06.01.2026 passed in Commercial O.S.No.160/2024 whereby I.A.No.9 filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure on behalf of respondent Nos.1 and 2/defendant Nos.4 and 5 has been allowed and the plaint against them has been rejected. - 4 - HC-KAR CNR: KAHC010174572026 NC: 2026:KHC:50056-DB COMAP No. 133 of 2026 2. As per the averments made in the plaint, respondent Nos.1 and 2 are the employees and not the partners of respondent No.3 - M/s.Sogani Fashions Jaipur LLP. In the present appeal, the communications on which the appellant wants to place reliance are not addressed in that personal capacity. The transaction was between the appellant and respondent No.3. Mere communications or the communications by respondent Nos.4 and 5 would not mean that if the appellant succeeds in obtaining a decree, they would be held personally liable. The decree would be enforceable against the defendant No.1 - M/s.Sogani Fashions Jaipur LLP and its partners and not against the employees. 3. We are, therefore, of the view that the impugned order passed by the Commercial Court does not require an interference. The suit is not a writ petition. They are not the necessary and proper parties in the suit filed by the appellant and therefore, the plaint has rightly - 5 - HC-KAR CNR: KAHC010174572026 NC: 2026:KHC:50056-DB COMAP No. 133 of 2026 been rejected against them. We find no reason to interfere with the impugned order passed by the Commercial Court and therefore, we dismiss this appeal. Accordingly, appeal is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 15