- 1 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 895 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 2821 OF 2026 (GM-CPC) IN WP No. 895/2026 BETWEEN: M/S SAMAR LIFESTYLE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 192/1,2,3, C. K. PALYA SAKALAWARA POST, BANNERGHATTA ROAD BANGALORE 560 083. PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY PAVEET AMIN GIRISHBHAI DIRECTOR OF M/S. SAMAR LIFESTYLE PRIVATE LIMITED OFFICE AT 192/1,2,3, C. K. PALYA SAKALAWARA POST, BANNERGHATTA ROAD BANGALORE 560 083 …PETITIONER (BY SMT. DHANUSHRI. R FOR ; SRI. KIRAN R.,ADVOCATE) AND: M/S GOEL ROAD CARRIERS PVT LTD HAVING ITS REGISTERED OFFICE AT KHASRA NO. 122/6/1, MAIN 100 FT. ROAD SECOND Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 FLOOR, SANT NAGAR BURARI, DELHI 110084 PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 THROUGH ITS AUTHORIZED REPRESENTATIVE MR. VIDHYA SAGAR DWIVEDI ALSO AT: B-32, DEVRAJ URS TRUCK TERMINAL INDUSTRIAL SUBURB, 2ND STAGE OPP. KANTIRAVA STUDIO YESHWANTPUR, BANGALORE-560022 …RESPONDENT (BY SRI.ADITYA D,ADVOCATE ) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DATED 20.11.2025 PASSED BY THE LEARNED LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-87), IN REJECTING THE INTERLOCUTORY APPLICATION NO.6 FILED BY THE PETITIONER UNDER ORDER XVIII RULE 17 OF CPC AND FOR RECALL OF PW1 FOR FURTHER CROSS EXAMINATION AND INTERLOCUTORY APPLICATION NO.7 FOR RE-OPENING THE STAGE FOR FURTHER CROSS EXAMINATION UNDER SECTION 151 OF THE CPC AS PER ANNEXURE A IN COM.O.S. NO.739 OF 2022. IN WP NO. 2821/2026 BETWEEN: M/S. SAMAR LIFESTYLE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 192/1,2,3, C. K. PALYA, SAKALAWARA POST, BANNERGHATTA ROAD, BANGALORE 560 083 PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY - 3 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 PAVEET AMINE GIRISHBHAI DIRECTOR OF M/S. SAMAR LIFESTYLE PRIVATE LIMITED OFFICE AT 192/1,2,3, C. K. PALYA SAKALAWARA POST, BANNERGHATTA ROAD BANGALORE 560 083 ...PETITIONER (BY SMT. DHANUSHRI. R FOR SRI. KIRAN R.,ADVOCATE) AND: M/S. GOEL ROAD CARRIERS PVT. LTD., HAVING ITS REGISTERED OFFICE AT KHASRA NO. 122/6/1, MAIN 100 FT. ROAD SECOND FLOOR, SANT NAGAR BURARI, DELHI 110084 PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 THROUGH ITS AUTHORIZED REPRESENTATIVE MR. VIDHYA SAGAR DWIVEDI ALSO AT: B-32, DEVRAJ URS TRUCK TERMINAL INDUSTRIAL SUBURB, 2ND STAGE OPP. KANTIRAVA STUDIO YESHWANTPUR, BANGALORE-560022 ...RESPONDENT (BY SRI. ADITYA D.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DATED 20.11.2025 PASSED BY THE LEARNED LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-87), IN REJECTING THE I.A NO.7 FOR RE-OPENING THE STAGE FOR FURTHER CROSS EXAMINATION UNDER SECTION 151 OF THE CPC AS PER ANNEXURE 'A' IN COM.O.S.NO. 739 OF 2022. - 4 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER These petitions by the defendant in Com.O.S.No.739/2022 is directed against the impugned common order dated 20.11.2025 by the LXXXVI Additional City Civil and Sessions Judge, Bengaluru(CCH-87) (for short “the Commercial Court”), whereby applications, I.A.Nos.6 and 7 filed by the petitioner-defendant for reopening the case and for permission and to recall PW-1 for further cross-examination were rejected by the Commercial Court Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record would indicate that in the aforesaid suit filed by the respondent-plaintiff against the petitioner-defendant, who is contesting the suit on merits and has put forth a counter claim, the respondent-plaintiff was examined PW-1 and was partly cross-examined by the petitioner-defendant - 5 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 and the subsequent request made by the petitioner to recall PW-1 for further cross-examination having been rejected by the Commercial Court, which dismissed I.A.Nos.6 and 7 vide impugned common order, the petitioner is before this Court by way of the present petition. 4. In this context, it is relevant to say that the Commercial Court rejected IA Nos.6 and 7 on the ground that the petitioner has taken repeated adjournments and as such, the petitioner was not entitled to any indulgence by the Commercial Court. However, having regard to the issues in controversy between the parties, I deem it just and appropriate to adopt a justice oriented approach and in order to provide one more opportunity to the petitioner, set aside the impugned common order and allow I.A.Nos.6 and 7 and permit the petitioner to recall PW-1 for further cross-examination, subject to certain conditions in this regard. 5. In the result, I pass the following: ORDER (i) The petitions are hereby allowed on payment of cost of Rs.15,000/- to the respondent-plaintiff before the Commercial Court. - 6 - HC-KAR NC: 2026:KHC:6148 WP No. 895 of 2026 C/W WP No. 2821 of 2026 (ii) The impugned common order, dated 20.11.2025 passed on I.A.Nos.6 and 7 in Com.O.S.No.739/2022 by the LXXXVI Additional City Civil and Sessions Judge, Bengaluru, are hereby set aside. (iii) Consequently, I.A.Nos.6 and 7 are allowed, subject to the condition that the petitioner-defendant shall complete the further cross-examination of PW-1 on 09.02.2026 without taking adjournment, under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 14