- 1 - HC-KAR CNR: KAHC010256262026 NC: 2026:KHC:52387-DB COMAP No. 197 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 197 OF 2026 BETWEEN: SRI P.S. SANKAR, S/O LATE SOMU DEVAR, AGED ABOUT 55 YEARS, PROPRIETOR OF RATHIMENA TRAVELS, NO.90/3, MYSURU ROAD, CHAMARAJAPET, BENGALURU - 560018. …APPELLANT (BY SRI. A.C. NAGARAJ, ADVOCATE) AND: M/S THE BANGALORE PRINTING AND PUBLISHING CO. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO. 88, MYSURU ROAD, CHAMARAJAPET, BENGALURU - 560018, REP. BY ITS DIRECTOR, SRI VISHNU A.H. …RESPONDENT (BY SRI. RAVISHANKAR S., ADVOCATE FOR C/R) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, 2015 PRAYING TO ALLOW THE INSTANT APPEAL AND SET ASIDE THE JUDGMENT AND DECREE Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010256262026 NC: 2026:KHC:52387-DB COMAP No. 197 of 2026 PASSED BY THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH- 83) DATED 28.01.2026 IN COM.O.S.NO.1051/2025 AND FURTHER TO DISMISS SAID SUIT i.e., COM.O.S.NO.1051/2025 INSTITUTED BY THE RESPONDENT. 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 Commercial Court appeal under Section 13 (1-A) of the Commercial Courts Act, 2015 has been filed impugning the judgment and decree dated 28.01.2026 passed in Com.O.S.No.1051/2025 by the Commercial Court. 2. The appellant was a tenant in respect of the premises owned by the respondent-plaintiff in pursuance to the lease deed dated 09.03.2022. The lease was for a period of 11 months, in respect of non-residential premises, at a monthly rent of Rs.2,36,940/- plus applicable GST. 3. Clause 15 of the said lease deed provides that in the event tenant continued to occupy the premises after 11 - 3 - HC-KAR CNR: KAHC010256262026 NC: 2026:KHC:52387-DB COMAP No. 197 of 2026 months (expiry of the lease period) without any consent of the landlord, the tenant would be liable to pay an additional amount of Rs.95,000/- per month, besides the amounts stipulated under the lease deed, including interest and damages. 4. It is not in dispute that the initial period of 11 months expired and that the appellant continued in occupation of the premises thereafter without obtaining the consent of the respondent/plaintiff and without execution of any fresh lease deed. Consequently, the respondent/plaintiff instituted the suit seeking ejectment and recovery of mesne profits/damages at the enhanced rate of Rs.3,91,689/- per month from 09.01.2023 until delivery of vacant possession of the premises. 5. The learned Commercial Court decreed the suit and directed the appellant/defendant to pay arrears towards rent/mesne profits/damages in a sum of Rs.37,21,633/-. 6. Today, the learned counsel appearing for the appellant has handed over the keys of the schedule premises to the learned counsel appearing for the respondent/plaintiff. - 4 - HC-KAR CNR: KAHC010256262026 NC: 2026:KHC:52387-DB COMAP No. 197 of 2026 7. The learned counsel for the appellant does not seriously dispute the finding of the Commercial Court inasmuch as the mesne profit and damages have been arrived on the basis of the agreement of lease dated 09.03.2022. The learned counsel for the appellant submits that the appellant is ready and willing to clear the amount of arrears of rent/mesne profits/damages as ordered by the Commercial Court, after giving due adjustment to the advance amount/security deposit, paid to the respondent/plaintiff at the time of execution of the lease deed. 8. In view of the above submissions and the facts and circumstances of the case, the appellant is granted four months' time from today to pay the amount payable under the decree, after giving due adjustment of the advance amount paid by the appellant to the respondent/plaintiff at the time of execution of the lease deed. 9. The amount so payable shall carry interest at the rate of 9% per annum from the date of filing of the suit till the date of actual payment. The judgment and decree of the learned Commercial Court stands modified to the aforesaid - 5 - HC-KAR CNR: KAHC010256262026 NC: 2026:KHC:52387-DB COMAP No. 197 of 2026 extent. Let the modified decree be drawn accordingly. The appeal is accordingly disposed of. No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA CT:SM List No.: 2 Sl No.: 3