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2026 DAILYLAW 7316 (KAR)

SRI. MURRALI. M. BAALADEV v. M/S. MOHAN SILKS AND SAREES

WP/11021/2026 · 2026-04-23

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22237 WP No. 11021 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11021 OF 2026 (GM-CPC) BETWEEN: SRI. MURRALI. M. BAALADEV S/O OF LATE M.S. BAALADEV AGED ABOUT 47 YEARS M/S. KAANCHI CO. SRINIDHI SILK NO.2, 1ST FLOOR, B.V.K. IYENGAR ROAD CHICKPET CIRCLE, BENGALURU 560053 …PETITIONER (BY SRI. SRIDHARA N., ADVOCATE) AND: 1. M/S. MOHAN SILKS AND SAREES REP. BY ITS PARTNERS 2. SRI. S.G. VINAYAKA S/O. LATE. S.G. GOPALAKRISHNASA AGED ABOUT 56 YEARS NO.8/1, MOHIDEEN SAB LANE J.M. ROAD CROSS, NARAYANASHETTYPET BENGALURU-560002. 3. SMT. S.G. SHARADA W/O. LATE. S.G. GOPALAKRISHNASA AGED MAJOR NO.8/1, MOHIDEEN SAB LANE J.M. ROAD CROSS, NARAYANASHETTYPET BENGALURU-560002. …RESPONDENTS (BY SRI.H J SANGHVI., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE PRAYING TO SET ASIDE THE ORDER DATED 09.03.2026 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22237 WP No. 11021 of 2026 (ANNEXURE-A) PASSED IN COM. O.S. NO.1116/2023 BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BENGALURU, DISMISSING THE APPLICATION (I.A. NO. 12), FILED UNDER ORDER XI RULE 5(1) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, FILED BY THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant has called in question the order dated 09.03.2026 passed by the LXXXII Addl. City Civil & Sessions Judge, Commercial Court, Bengaluru (for short ‘Commercial Court’) on I.A.No.12 filed under Order XI Rule 5(1) of Commercial Courts Act, 2015, in Com.O.S.No.1116/2023, whereby the said application has been dismissed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Commercial Court in Original Suit. - 3 - HC-KAR NC: 2026:KHC:22237 WP No. 11021 of 2026 3. The plaintiff filed a suit in Com.O.S.No.1116/2023 before the Commercial Court seeking for recovery of money. Upon appearance, the defendant filed I.A.No.12 under Order XI Rule 5(1) of Commercial Courts Act, 2015 seeking permission to produce documents i.e., (a) Bank Statements for the period commencing from 01.04.2011 to 16.10.2010 of the defendant (b) Ledger Statements indicating the payments made by the defendant to the plaintiff. The Commercial Court, by order dated 09.03.2026 dismissed the said application. Aggrieved by the said impugned order passed by the Trial Court, the present writ petition has been filed. 4. The application filed by the defendant came to be dismissed particularly on the ground that in paragraph-5 of the Statement of Truth, the defendant has stated that he has disclosed all the documents in his possession, however, he has not disclosed about the above said documents. - 4 - HC-KAR NC: 2026:KHC:22237 WP No. 11021 of 2026 5. Insofar as production of bank statements is concerned, it is an official document. If the same is permitted to be produced, it will not cause any prejudice to the plaintiff. Insofar as production of ledger statements is concerned, there is no pleading in the written statement regarding the ledger statement. Therefore, the Commercial Court is justified in dismissing the prayer to the extent of production of the ledger statement. 6. In view of the above, the following order is passed: ORDER a) The writ petition is allowed-in-part. b) The impugned order dated 09.03.2026 passed by the LXXXII Addl. City Civil & Sessions Judge, Commercial Court, Bengaluru on I.A.No.12 in Com.O.S.No.1116/2023, is hereby set aside only to the extent of production of bank statement; and in respect of production of - 5 - HC-KAR NC: 2026:KHC:22237 WP No. 11021 of 2026 ledger statement, the impugned order is confirmed. c) I.A.No.12 filed by the defendant is allowed in part. d) The defendant is permitted to produce the bank statements for the period commencing from 01.04.2011 to 16.10.2020. e) The Commercial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than five months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 18