- 1 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 646 OF 2025 BETWEEN: M/S. HYTECH MACHINE TOOL AND AUTOMATION INDIA (PVT) LTD., PLOT NO. 376 AND 378 SOMAPUR 1ST STAGE SOMAPUR INDISTRIAL AREA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123, REP. BY ITS DIRECTORS SRI. K.M. NAGARAJA SMT. SAVITHA P.K. …APPELLANT (BY SRI. S. SRIVATSA, SR. ADVOCATE A/W SRI. DINESH S., ADVOCATE) AND: M/S HYTECH STEEL FOUNDRY (PVT) LTD., PLOT NO. 376 P & 378 SOMAPUR 1ST STAGE, SOMAPUR INDISTRIAL AREA NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 123, REP. BY ITS DIRECTOR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 MR. S. ARUN NARAYAN SHETTY EMAIL: hytechsteelfoundry@gmail.com …RESPONDENT (BY SRI. RANJAN KUMAR K, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE IN COM.OS NO. 176/23 DATED 13.10.2025, ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT BENGALURU AND CONSEQUENTLY, DISMISS THE COM OS NO. 176/2023 DATED 13.10.2025, ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning the judgment and decree dated 13.10.2025 passed by the learned Commercial Court in Commercial O.S. No.176/2023. The operative part of the said judgment and decree reads as under- ORDER Suit of the plaintiff is decreed in part with costs. - 3 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 It is declared that the plaintiff M/s. Hi-tech Steel Foundry Pvt. Ltd., is entitled for ejection of the defendant company from the suit schedule industrial shed bearing Sy.No.27 of Sannatammanahalli Village, K R Puram Hobli, Bengaluru East Taluk. It is further directed that the defendant shall quit, vacate and surrender possession of the suit schedule premises to the plaintiff company within 3 months from the date of decree. It is further declared that the plaintiff company is entitled to claim 3 years arrears of rent prior to filing suit at the rate of Rs.1,20,000/- per month from the defendant. Defendant company shall pay to the plaintiff company an arrears of rent at the rate of Rs.1,20,000/- per month from 3 years prior to filing suit till 28.03.2023 that is the date of filing the suit. Further plaintiff is at liberty to get the Commissioner appointed under Order XXVI Rule 9 or under Order XX Rule 18 of CPC for assessment of the mesne profit in respect of schedule premises from the defendant from 28.03.2023 till handing over possession of the schedule premises by the defendant to the plaintiff company. Draw decree accordingly. Office is directed to send copy of Judgement to the plaintiff and defendants through E-mail as required under Order XX Rule 1 of Code of Civil Procedure if E-Mail IDs are furnished. 2. At the outset, the learned counsel for the appellant submitted that the appellant would comply with the decree if further - 4 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 time is granted to the appellant to vacate the schedule premises. In view of the submissions made by the learned counsel the present appeal was adjourned to date. 3. Learned counsel has filed a memo enclosing therewith an affidavit of undertaking. The appellant has calculated the decretal amount as ₹ 82,80,000 and has undertaken to pay the same as per the following schedule: 4. The decreetal amount of ₹ 82,80,000 comprises of arrears of rent quantified at ₹ 43,20,000 and the mesne profit computed at ₹ 39,60,000. Sl. No. Month Decretal Amount 82,80,000 Rent from January 2026 Total payable every month 1 February 2026 41,40,000 1,20,000 42,60,000 2 March 2026 8,28,000 1,20,000 9,48,000 3 April 2026 8,28,000 1,20,000 9,48,000 4 May 2026 8,28,000 1,20,000 9,48,000 5 June 2026 8,28,000 1,20,000 9,48,000 6 July 2026 8,28,000 1,20,000 9,48,000 - 5 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 5. The learned counsel for the respondent submits that although the Commercial Court has not decreed any amount towards GST on arrears of rent, the Court has accepted the respondent's plea for mesne profits at the rate of ₹ 1,41,600 along with GST from the date of the suit (i.e., from 28.03.2023) till the possession is handed over. He submits that the amounts calculated do not include GST on the sum of ₹ 39,60,000. 6. Additionally, it is also noted that the calculation as furnished by the appellant does not take into account the rent for the month of January, 2026. The learned counsel for the appellant submits that insofar as the GST amount of ₹ 39,60,000 is concerned, the amount equivalent to that will be separately paid before 30.09.2026. He further states that the appellant shall also pay the monthly rent commencing from January 2026 till July 2026 (a period of seven months) at the rate of ₹ 1,41,600 per month (i.e., ₹ 1,20,000 per month plus the applicable GST at the rate of 18%). He also submits that the same may be included as part of the undertaking. - 6 - HC-KAR NC: 2026:KHC:2606-DB COMAP No. 646 of 2025 7. Learned counsel for the respondent accepts the said suggestion. 8. In view of the above, the present appeal is dismissed with a direction that the appellant would be bound to the said undertaking as furnished by the appellant and as modified above. The rent for the month of January, 2026 shall be paid before 31.01.2026. 9. Since the appeal has been disposed of on the voluntary statements made by the appellant, the appellant is also entitled for refund of Court fees as per rules. 10. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE YKL List No.: 2 Sl No.: 28