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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
Kailash Roofing Solutions Pvt. Ltd. – Appellant
Versus
Steel Hypermart India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. background of the case and plaintiff’s claims. (Para 1 , 2) |
| 2. defendant's arguments on delay and merit. (Para 3 , 4) |
| 3. court considers the delay issue. (Para 5) |
| 4. legal framework regarding condonation of delay. (Para 7) |
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
This appeal is filed by the appellants-defendant Nos.1 to 3 under Section 13 (1-A) of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act') read with Order XLI Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), challenging the judgment and decree dated 10.01.2022 passed in Com.O.S.No.26084/2017 by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'the Trial Court').
2. The respondent No.1-plaintiff filed a suit for recovery of a sum of Rs.2,72,58,080/- against the respondents with an interest at the rate of 24% p.a. from the date of suit till realization of the amount with costs. In the said suit, the defendant Nos.1 to 3 failed to file a written statement refuting any claim made by the plaintiff. The Trial Court, on consideration of the case, in view of the absence of the written statement and also on an application fil
The court denied condonation of a 721-day delay in appeal filing due to lack of sufficient cause and negligence in prosecution, emphasizing that such delays in commercial matters require strict adher....
The appeal in commercial matters requires strict adherence to timelines under the Commercial Courts Act, and negligence in filing cannot justify delay beyond stipulated periods.
Timely communication of judgments is critical, and failure to act diligently does not justify excessive delays in filing appeals under commercial law.
(1) Condonation of delay under Section 5 of Limitation Act has to be seen in context of object of speedy resolution of disputes. Section 5 of Limitation Act will apply to appeals, both by virtue of S....
Delays beyond prescribed periods in commercial appeals can be condoned only in exceptional cases, requiring demonstration of bona fides and absence of negligence by the appellants.
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
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