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2025 Supreme(Online)(Kar) 39714

THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN AND VIJAYKUMAR A. PATIL
M/S GK ISPAT PRIVATE LIMITED – Appellant
Versus
ABCO STEEL INTERNATIONAL PVT LTD – Respondent


CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed by the appellant/plaintiff under Section13(1-A) of the Commercial Courts Act, 2015 challenging the judgment and decree dated 12.04.2022 passed in Com.O.S.No.257/2021 by the LXXXV Additional City Civil & Sessions Judge, Bengaluru (Commercial Court).

2. The appellant filed a suit for recovery of a sum of Rs.62,67,111.75/- against the respondents with interest at the rate of 2% p.m. from 30.10.2020 till realization of the amount with costs. The said suit, after contest, came to be dismissed with cost. Being aggrieved, the present appeal is filed along with an application I.A.No.1/2023 under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 354 days in filing the appeal.

3. Sri.P.B.Raju, learned counsel appearing for the appellant submits that the appellant has filed an affidavit accompanying the application and also an additional affidavit on 11.07.2025, the averments in the affidavit shows sufficient cause to condone the delay. It is submitted that due to Covid-19 pandemic, the appellant could not proceed to file the appeal within the limitation period and after obtaining the copies, he

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