IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 20714 OF 2023 (GM-CPC)

BETWEEN:

M/S PAC INTERNATIONAL NO.3/B, SRI VARU KRISHNA KRUPA HMT MAIN ROAD NEAR KPTCL, EX CHAIRMAN PUTTANANJAPPA COLONY MATHIKERE, BENGALURU - 560 054 REP BY ITS PROPRIETOR, SMT. LATHA.

…PETITIONER (BY SRI YASHWANTH NETHAJI N.T, ADV., FOR SRI K.V. NARASIMHAN, ADV.)

AND:

M/S SHRI LAKSHMI VENKATARAMANA YAJAMANA INDUSTRIES MAVINAKTTE VAMADAPADAVU BANTWALT TALUK REPRESENTED BY MANAGING PARTNER Dig itally FIRST PARTNER T. VARADARAJA PAI signed by NANDINI M S S/O T. RAGHUNATH PAI Location: VAMADAPADAVU HIGH COUR T MAVINAKATTE POST OF KARNATAKA BANTWAL TALUK DAKSHINA KANNADA DISTRICT - 574 374 RESPONDENT IS A PARTNERSHIP FIRM.

…RESPONDENT (BY SRI VINAYAK KAMATH K, ADV., FOR R-1)

THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER AT ANNX-E DTD 05.07.2023 IN COM OS 191/2021 PASSED BY THE LEARNED ADDL DIST JUDGE AND COMMERCIAL COURT DK MANGALURU ON IA AT ANNX-C.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by the defendant with a prayer to set-aside the order dated 05.07.2023 made on an application filed under Order VI Rule 17 read with Section 151 of CPC in Com. OS. No.191/2021 by the Court of I Additional District Judge and Commercial Court, Dakshina Kannada, Mangaluru.

2. Heard the learned counsel for the parties.

3. Respondent herein had filed Com. OS. No.191/2021 before the jurisdictional Commercial Court at Dakshina Kannada, Mangaluru, against the petitioner herein with a prayer to direct the defendant/petitioner to pay a sum of Rs.1,64,14,685/- with interest at the rate of 18% p. a. from the date of borrowing till realisation. Petitioner, who is the sole defendant in the aforesaid suit had filed a detailed written statement opposing the suit claim. When the suit was at the stage of recording plaintiff's evidence, an application under Order VI Rule 17 read with Section 151 of CPC was filed on behalf of the defendant with a prayer to amend the written statement. The said application was opposed by the plaintiff by filing objections and the Trial Court vide the order impugned has rejected the application. Being aggrieved by the same, defendant is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the proposed amendment does not amount to withdrawing any admission made by the defendant in the original written statement. The proposed amendment does not change the nature of the defence and in the proposed amendment, defendant is principally seeking set-off of the amount credited by the plaintiff to Sri Lakshmi Venkateshwara Timbers. No hardship would be caused to the other side if the proposed amendment is allowed and on the other hand, if it is rejected, the defendant's case is likely to be prejudiced. Accordingly, he prays to allow the petition.

5. Per contra, learned counsel for the respondent has opposed the petition and submits that application is filed belatedly after the trial had commenced. In view of the proviso to Order VI Rule 17 of CPC, the Trial Court was justified in rejecting the application. The suit is of the year 2021 and only with an intention to drag on the litigation, repeated applications are being filed. He, accordingly, prays to dismiss the petition.

6. Perusal of the original written statement filed by the petitioner would go to show that in paragraph No.5 of the original written statement, it is contented that petitioner/defendant had supplied raw cashew and plaintiff himself was liable to pay an amount of Rs.2 crores towards supply of raw cashew by the defendant. In the proposed amendment to paragraph No.5, instead of the figure "Rs.2,00,00,000/-",