1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^nd DAY OF DECEMBER, 2021

PRESENT

THE HON9BLE MR. JUSTICE ALOK ARADHE

AND

THE HON9BLE MR. JUSTICE ANANT RAMANATH HEGDE

COMAP. No.19/2019

BETWEEN:

1. SOUTHERN SALES & SERVICES

A PARTNERSHIP FIRM AT NO.7/1,

1^ST FLOOR, K H ROAD,

BENGALURU - 43.

2. SRI SHYAM GOENKA

PARTNER, SOUTHERN SALES &

SERVICES, AT NO.7/1,

1^ST FLOOR, K H ROAD,

BENGALURU - 43.

3. SRI C S KEDIA

PARTNER, SOUTHERN SALES &

SERVICES, AT nO.7/1,

1^ST FLOOR, K H ROAD,

BENGALURU - 43.

.. APPELLANTS

(BY SRI.PRAMOD N KATHAVI, ADV.)

2

AND:

SAUERMILCH DESIGN & HANDELS GMBH

A COMPANY INCORPORATED AND

FUNCTIONING UNDER THE LAWS OF

GERMANY HAVING ITS OFFICE AT

KREUZGRUNDWEG 1

36100 PETERSBURG, GERMANY. ... RESPONDENT

(BY SRI.TEJAS, ADV. FOR M/S DUA ASSOCIATES, ADV. )

THIS APPEAL IS FILED UNDER SECTION 13(1-A) OF

THE COMMERCIAL COURTS ACT, 2015 PRAYING TO

SET ASIDE THE JUDGMENT AND DECREE DATED

07.08.2019 PASSED BY THE LXXXII ADDL. CITY CIVIL

AND SESSIONS JUDGE, BENGALURU (CCH 83) IN

COMMERCIAL O.S. No.6700/2003 TO THE EXTENT OF

THE

DECREE

IN

FAVOUR

OF

THE

PLAINTIFF/RESPONDENT ENTITLING THE RESPONDENT

TO RE