- 1 - HC-KAR CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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. 77 OF 2025 BETWEEN: 1. AGARWAL ESTATES HAVING THEIR REGISTERED OFFICE AT, 2ND FLOOR, NO. 9, CRM SOUBHAGYA ANNEXE #35/1B, VARTHUR MAIN ROAD, NEAR SPICE GARDEN, MUNNEKOLALA, BENGALURU-560037. REPRESENTED BY ITS PROPRIETOR- MRS. PREMA AGARWAL REPRESENTED BY HER GPA HOLDER- MR. PAWAN SHARMA, S/O LATE SHRI SURESH KUMAR SHARMA, AGED ABOUT 51 YEARS, ADDRESS AT- 2ND FLOOR, NO. 9, CRM SOUBHAGYA ANNEXE, #35/1B, VARTHUR MAIN ROAD, NEAR SPICE GARDEN, MUNNEKOLALA, BENGALURU- 560037 PHONE. 7026001122 E-MAIL ID. PAWAN@AGARWALESTATES.COM 2. MRS. PREMA AGARWAL W/O MR. M. AGARWAL Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 AGED MAJOR, PROPRIETOR, M/S AGARWAL ESTATES, HAVING OFFICE AT. 2ND FLOOR, NO. 9, CRM SOUBHAGYA ANNEXE, #35/1B, VARTHUR MAIN ROAD, NEAR SPICE GARDEN, MUNNEKOLALA, BENGALURU- 560037 REPRESENTED BY HER GPA HOLDER MR. PAWAN SHARMA, S/O LATE SHRI SURESH KUMAR SHARMA, AGED ABOUT 51 YEARS, ADDRESS AT: 2ND FLOOR, NO. 9, CRM SOUBHAGYA ANNEXE, #35/1B, VARTHUR MAIN ROAD, NEAR SPICE GARDEN, MUNNEKOLALA, BENGALURU- 560037 PHONE. 7026001122 E-MAIL ID. PAWAN@AGARWALESTATES.COM …APPELLANTS (BY SRI. DIVYANG CHANDIRAMANI FOR SRI. ABHIJEET SINGH RATHORE, ADVOCATE (NOC)) AND: 1. M/S KOTS HOUSING PRIVATE LIMITED HAVING THEIR REGISTERED OFFICE AT 153/1, UNIT NO.6, BIERE STREET, HAGDUR MAIN ROAD, WHITEFIELD, BENGALURU- 560066. ALSO AT: #118, GROUND FLOOR, - 3 - HC-KAR CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 NEIL RAO TOWERS, 3RD MAIN ROAD, EPIP ZONE WHITEFIELD ROAD, BENGALURU-560066. REPRESENTED BY MR. VIJETH REDDY (CO-FOUNDER AND CEO) PHONE NO.. 7406370070 E-MAIL ID. VIJETH@KOTS.WORLD 2. MS. SANGEETHA HOLIYACHI AGED MAJOR THE CO-FOUNDER, M/S KOTS HOUSING PRIVATE LIMITED, HAVING REGISTERED OFFICE AT: #153/1, UNIT NO.6, BIERE STREET, HAGDUR MAIN ROAD, WHITEFIELD, BENGALURU- 560066. ALSO AT: 118, GROUND FLOOR, NEIL RAO TOWERS, 3RD MAIN ROAD, EPIP ZONE WHITEFIELD ROAD, BENGALURU-560066. E-MAIL ID. SANGEETHA@KOTS.WORLD …RESPONDENTS (BY SRI. NARAYAN KUMAR V., ADVOCATE FOR R1 & R2(ABSENT)) THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED DATED 09.12.2024, PASSED BY THE LEARNED LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-86), BENGALURU (COMMERCIAL COURT) IN COM.OS.NO.1096/2023 AND CONSEQUENTLY, REMAND THE MATTER AND PERMIT THE APPELLANT TO CARRY OUT NECESSARY AMENDMENTS. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 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 has been filed under Section 13(1A) of the Commercial Courts Act, 2015, impugning the judgment and order dated 09.12.2024 passed by the learned LXXXV Addl.City Civil and Sessions Judge, Bengaluru (Commercial Court) in Com.O.S.No.1096/2023. 2. The suit has been filed in the name of the Proprietorship concern and not in the name of the Proprietor representing the concern. Therefore, the suit as per the provisions of Order XXX Rule 10 of the Code of Civil Procedure, 1908, would not be maintainable and no relief can be granted, thus the suit came to be rejected. 3. There is no representation on behalf of the respondent, even in the revised call. - 5 - HC-KAR CNR: KAHC010092482025 NC: 2026:KHC:54218-DB COMAP No. 77 of 2025 4. We are of the view, that the plaintiff ought to have been given a chance to amend the cause title on this technical point, without going into the merits of the matter. 5. We therefore allow this Commercial Appeal and set aside the impugned judgment and decree dated 09.12.2024 passed by the learned LXXXV Addl. City Civil and Sessions Judge, Bengaluru (Commercial Court) in Com.O.S.No.1096/2023 and remand the matter back to the Trial Court concerned permitting the appellant to amend the cause title, for which it will move an appropriate application. 6. The parties are directed to appear before the concerned trial Court on 06.10.2026. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 1 Sl No.: 30