2026 Supreme(Online)(Kar) 23693
THE HIGH COURT OF KARNATAKA
H T NARENDRA PRASAD
SRI. MURRALI. M. BAALADEV – Appellant
Versus
M/S. MOHAN SILKS AND SAREES – Respondent
WP 11021/2026
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WP No. 11021 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 11021 OF 2026 (GM-CPC)
BETWEEN:
SRI. MURRALI. M. BAALADEV
S/O OF LATE M.S. BAALADEV
AGED ABOUT 47 YEARS
M/S. KAANCHI CO. SRINIDHI SILK
NO.2, 1ST FLOOR, B.V.K. IYENGAR ROAD
CHICKPET CIRCLE, BENGALURU 560053
…PETITIONER
(BY SRI. SRIDHARA N., ADVOCATE)
AND:
1. M/S. MOHAN SILKS AND SAREES
REP. BY ITS PARTNERS
2. SRI. S.G. VINAYAKA
S/O. LATE. S.G. GOPALAKRISHNASA
AGED ABOUT 56 YEARS
Digitally signed by
DHANALAKSHMI NO.8/1, MOHIDEEN SAB LANE
MURTHY J.M. ROAD CROSS, NARAYANASHETTYPET
Location: H IGH BENGALURU-560002.
COURTOF
KARNATAKA
3. SMT. S.G. SHARADA
W/O. LATE. S.G. GOPALAKRISHNASA
AGED MAJOR
NO.8/1, MOHIDEEN SAB LANE
J.M. ROAD CROSS, NARAYANASHETTYPET
BENGALURU-560002.
…RESPONDENTS
(BY SRI.H J SANGHVI., ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE PRAYING TO SET ASIDE THE ORDER DATED 09.03.2026
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WP No. 11021 of 2026
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(ANNEXURE-A) PASSED IN COM. O.S. NO.1116/2023 BY THE
LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
COMMERCIAL COURT AT BENGALURU, DISMISSING THE
APPLICATION (I.A. NO. 12), FILED UNDER ORDER XI RULE 5(1)
OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION
151 OF THE CODE OF CIVIL PROCEDURE, 1908, FILED BY THE
PETITIONER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner-defendant has
called in question the order dated 09.03.2026 passed by
the LXXXII Addl. City Civil & Sessions Judge, Commercial
Court, Bengaluru (for short ‘Commercial Court’) on
I.A.No.12 filed under Order XI Rule 5(1) of Commercial
Courts Act, 2015, in Com.O.S.No.1116/2023, whereby the
said application has been dismissed.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Commercial Court in
Original Suit.
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3. The plaintiff filed a suit in Com.O.S.No.1116/2023
before the Commercial Court seeking for recovery of
money. Upon appearance, the defendant filed I.A.No.12
under Order XI Rule 5(1) of Commercial Courts Act, 2015
seeking permission to produce documents i.e., (a) Bank
Statements for the period commencing from 01.04.2011
to 16.10.2010 of the defendant (b) Ledger Statements
indicating the payments made by the defendant to the
plaintiff. The Commercial Court, by order dated
09.03.2026 dismissed the said application. Aggrieved by
the said impugned order passed by the Trial Court, the
present writ petition has been filed.
4. The application filed by the defendant came to be
dismissed particularly on the ground that in paragraph-5
of the Statement of Truth, the defendant has stated that
he has disclosed all the documents in his possession,
however, he has not disclosed about the above said
documents.
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5. Insofar as production of bank statements is
concerned, it is an official document. If the same is
permitted to be produced, it will not cause any prejudice
to the plaintiff. Insofar as production of ledger statements
is concerned, there is no pleading in the written statement
regarding the ledger statement. Therefore, the
Commercial Court is justified in dismissing the prayer to
the extent of production of the ledger statement.
6. In view of the above, the following order is passed:
ORDER
a) The writ petition is allowed-in-part.
b) The impugned order dated 09.03.2026 passed
by the LXXXII Addl. City Civil & Sessions Judge,
Commercial Court, Bengaluru on I.A.No.12 in
Com.O.S.No.1116/2023, is hereby set aside
only to the extent of production of bank
statement; and in respect of production of
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ledger statement, the impugned order is
confirmed.
c) I.A.No.12 filed by the defendant is allowed in
part.
d) The defen