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THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN, VIJAYKUMAR A. PATIL, JJ
M/S FINE FOOTWEAR PRIVATE LIMITED – Appellant
Versus
MR ROHAN DEVENDRA SHAH – Respondent
| Table of Content |
|---|
| 1. introduction of appeal under the commercial courts act. (Para 1) |
| 2. details of the appellant's claim and issues with filing. (Para 2 , 3) |
| 3. response from the respondent on the delay justification. (Para 4) |
| 4. court analysis and point of law on sufficient cause. (Para 5) |
| 5. decision rendered on the appeal and condonation of delay. (Para 6 , 7) |
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed by the appellant/plaintiff under Section 13 (1-A) of the Commercial Courts Act, 2015 challenging the judgment and decree dated 31.03.2021 passed in Com.O.S.No.6771/2018 by the LXXXIV Additional City Civil & Sessions Judge (CCH-85- Commercial Court), Bengaluru (hereinafter referred to as the 'Commercial Court').
2. The appellant filed a suit for recovery of a sum of Rs.27,51,381/- against the respondent with interest at the rate of 12% p.a. from the date of the suit till date of payment. 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 467 days in filing the appeal.
3. Sri.Goutham
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