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2025 Supreme(Kar) 1800

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.J., C.M. POONACHA
Sarojamma, Wife Of Late Ramu – Appellant
Versus
Pallickamalil Cinema Company Pvt. Ltd, Rep. By Its Managing Director Mr. Aby Tom Nicholson – Respondent


Advocates Appeared:
For the Appellant Sri Leeladhar H.P. Adv.
For the Respondent:Sri C.K. Nandakumar, Senior Advocate A/W Sri Aswin Prabhu S.D., Advocate

JUDGMENT :

VIBHU BAKHRU, C. J.

1. For the reasons stated in the application―I.A.No.1/2025, the same is allowed. The delay of twenty five days in filing the appeal is condoned.

2. The appellants have filed the present appeal under Section 13 (1A) of the Commercial Courts Act, 2015, impugning a judgment and decree dated 16.11.2024 [impugned order delivered by the Court of LXXXVII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com.O.S.No.124/2023.

3. The appellants [hereafter also referred to as plaintiffs] had filed the said suit, inter alia, seeking a decree for eviction and for recovery of a sum of `1,76,20,040.25/- (Rupees one crore seventy six lacs twenty thousand forty and twenty five paisa only). The said amount comprised of: (i) `69,75,900/- as arrears of rent for the period from 01.04.2000 to 30.11.2021; (ii) `53,58,937.50/- towards damages for holding over from 01.02.2021 till the date of filing of the suit that is, 21.01.2023; (iii) Interest on arrears of rent quantified at `30,64,932/- till 16.01.2023; and (iv) a sum of `22,20,270.75/- towards service tax. Additionally, the plaintiffs also sought further damages from the date of termination of the l

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