IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 639 OF 2025 BETWEEN:

1. M/S SANTHOSHI POLYMERS S. NO. 372/8/8 HINGRAJ INDUSTRIAL ESTATE ATHIYAWAD DABHEL DABHEL - 396215 REPRESENTED BY ITS AUTHORIZED SIGNATORY.

2. MR. DINESH ATKARE Digitally PARTNER OF M/S SANTHOSHI POLYMERS, signed by S.NO. 372/8/

NIRMALA HINGRAJ INDUSTRIAL ESTATE DEVI ATHIYAWAD DABHEL Location:

DABHEL 396 215 HIGH COURT OF KARNATAKA 3. MR. MADAN ATKARE PARTNER OF M/S SANTHOSHI POLYMERS, S.NO. 372/8/8, HINGRAJ INDUSTRIAL ESTATE ATHIYAWAD DABHEL DABHEL 396 215 …APPELLANTS (BY SRI. Y D HARSHA, ADVOCATE)

AND:

M/S KONKAN SPECIALTY POLY PRODUCTS PRIVATE LIMITED B-129, BAIKAMPADY INDUSTRIAL ESTATE, MANGALURU -11 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. MAHESH BONDAL …RESPONDENT THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 96 OF THE CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 3.02.2024 IN COM.OS NO.413/2020 PASSED BY THE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K., MANGALURU, AND DISMISS THE SUIT OF PLAINTIFF/RESPONDENT.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal under Section 13(1A) of the Commercial Courts Act, 2015 impugning an order dated 03.02.2024 [impugned order] passed by the IV Additional District Judge and Commercial Court, D.K. Mangaluru, in Com.O.S.No.413/2020.

2. The present appeal has been filed after an inordinate delay of 611 days. The appellant has also filed an application seeking condonation of delay in filing the appeal. The only explanation provided in the affidavit supporting the said application is that concerned employee who is looking after the proceedings in the commercial suit on behalf of the appellant had resigned shortly after conclusion of the trial. Therefore, the appellant was not aware of the proceedings till receiving of notice in execution proceedings. 3. We are not persuaded to accept that the said explanation is a credible one which provides a sufficient cause that prevented the appellant from filing the appeal within time.

4. It is not disputed that the appellant had appointed an advocate to assist in defending the said suit. Merely because one of the officials employed in the firm resigns, it cannot be a ground for not diligently pursuing the remedies available. Appellant No.1 is a partnership firm and appellant Nos.2 and 3 are its constituent partners. It is difficult to accept that the partners of the firm were not aware of the litigation in which the firm was involved. It is also relevant to note that the suit was instituted by the plaintiff for recovery of the goods, which were admittedly received by the appellant-firm. It was the appellant's defence that the goods provided were substandard. However, there is no dispute that the same were not returned.

5. Given the legislative intent of providing firm timelines for proceedings in matters involving commercial disputes, condoning an inordinate delay of 611 days is against legislative intent.

6. In Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. : (2021) 6 SCC 460, the Supreme Court has observed as under:

55. Reading the Arbitration Act and the Commercial Courts Act as a whole, it is clear that when Section 37 of the Arbitration Act is read with either Article 116 or 117 of the Limitation Act or Section 13(1-A) of the Commercial Courts Act, the object and context provided by the aforesaid statutes, read as a whole, is the speedy disposal of appeals filed under Section 37 of the Arbitration Act. To read Section 5 of the Limitation Act consistently with the aforesaid object, it is necessary to discover as to wh