[Cites 3, Cited by 0]
Karnataka High Court
M/S. Samar Lifestyle Private Limited vs M/S. Goel Road Carriers Pvt. Ltd on 3 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2026:KHC:6148
WP No. 895 of 2026
C/W WP No. 2821 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 895 OF 2026 (GM-CPC)
C/W
WRIT PETITION NO. 2821 OF 2026 (GM-CPC)
IN WP No. 895/2026
BETWEEN:
M/S SAMAR LIFESTYLE PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
192/1,2,3, C. K. PALYA
SAKALAWARA POST,
BANNERGHATTA ROAD
BANGALORE 560 083.
PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013
REPRESENTED BY
Digitally signed PAVEET AMIN GIRISHBHAI
by CHANDANA
BM DIRECTOR OF
Location: High M/S. SAMAR LIFESTYLE PRIVATE LIMITED
Court of
Karnataka OFFICE AT 192/1,2,3, C. K. PALYA
SAKALAWARA POST, BANNERGHATTA ROAD
BANGALORE 560 083
...PETITIONER
(BY SMT. DHANUSHRI. R FOR ;
SRI. KIRAN R.,ADVOCATE)
AND:
M/S GOEL ROAD CARRIERS PVT LTD
HAVING ITS REGISTERED OFFICE AT
KHASRA NO. 122/6/1, MAIN 100 FT. ROAD SECOND
-2-
NC: 2026:KHC:6148
WP No. 895 of 2026
C/W WP No. 2821 of 2026
HC-KAR
FLOOR, SANT NAGAR
BURARI, DELHI 110084
PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
THROUGH ITS AUTHORIZED REPRESENTATIVE
MR. VIDHYA SAGAR DWIVEDI
ALSO AT:
B-32, DEVRAJ URS TRUCK TERMINAL
INDUSTRIAL SUBURB, 2ND STAGE
OPP. KANTIRAVA STUDIO
YESHWANTPUR, BANGALORE-560022
...RESPONDENT
(BY SRI.ADITYA D,ADVOCATE )
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE
ORDER DATED 20.11.2025 PASSED BY THE LEARNED LXXXVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-87), IN REJECTING THE INTERLOCUTORY APPLICATION
NO.6 FILED BY THE PETITIONER UNDER ORDER XVIII RULE
17 OF CPC AND FOR RECALL OF PW1 FOR FURTHER CROSS
EXAMINATION AND INTERLOCUTORY APPLICATION NO.7
FOR RE-OPENING THE STAGE FOR FURTHER CROSS
EXAMINATION UNDER SECTION 151 OF THE CPC AS PER
ANNEXURE A IN COM.O.S. NO.739 OF 2022.
IN WP NO. 2821/2026
BETWEEN:
M/S. SAMAR LIFESTYLE PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
192/1,2,3, C. K. PALYA, SAKALAWARA POST,
BANNERGHATTA ROAD,
BANGALORE 560 083
PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013
REPRESENTED BY
-3-
NC: 2026:KHC:6148
WP No. 895 of 2026
C/W WP No. 2821 of 2026
HC-KAR
PAVEET AMINE GIRISHBHAI
DIRECTOR OF M/S. SAMAR LIFESTYLE PRIVATE LIMITED
OFFICE AT 192/1,2,3, C. K. PALYA
SAKALAWARA POST, BANNERGHATTA ROAD
BANGALORE 560 083
...PETITIONER
(BY SMT. DHANUSHRI. R FOR
SRI. KIRAN R.,ADVOCATE)
AND:
M/S. GOEL ROAD CARRIERS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT
KHASRA NO. 122/6/1, MAIN 100 FT. ROAD
SECOND FLOOR, SANT NAGAR BURARI,
DELHI 110084
PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
THROUGH ITS AUTHORIZED REPRESENTATIVE
MR. VIDHYA SAGAR DWIVEDI
ALSO AT:
B-32, DEVRAJ URS TRUCK TERMINAL
INDUSTRIAL SUBURB, 2ND STAGE
OPP. KANTIRAVA STUDIO
YESHWANTPUR, BANGALORE-560022
...RESPONDENT
(BY SRI. ADITYA D.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE
ORDER DATED 20.11.2025 PASSED BY THE LEARNED
LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-87), IN REJECTING THE I.A NO.7 FOR
RE-OPENING THE STAGE FOR FURTHER CROSS
EXAMINATION UNDER SECTION 151 OF THE CPC AS PER
ANNEXURE 'A' IN COM.O.S.NO. 739 OF 2022.
-4-
NC: 2026:KHC:6148
WP No. 895 of 2026
C/W WP No. 2821 of 2026
HC-KAR
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
These petitions by the defendant in Com.O.S.No.739/2022 is
directed against the impugned common order dated 20.11.2025 by
the LXXXVI Additional City Civil and Sessions Judge,
Bengaluru(CCH-87) (for short "the Commercial Court"), whereby
applications, I.A.Nos.6 and 7 filed by the petitioner-defendant for
reopening the case and for permission and to recall PW-1 for
further cross-examination were rejected by the Commercial Court
Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record would indicate that
in the aforesaid suit filed by the respondent-plaintiff against the
petitioner-defendant, who is contesting the suit on merits and has
put forth a counter claim, the respondent-plaintiff was examined
PW-1 and was partly cross-examined by the petitioner-defendant
NC: 2026:KHC:6148
HC-KAR
and the subsequent request made by the petitioner to recall PW-1
for further cross-examination having been rejected by the
Commercial Court, which dismissed I.A.Nos.6 and 7 vide
impugned common order, the petitioner is before this Court by way
of the present petition.
4. In this context, it is relevant to say that the Commercial
Court rejected IA Nos.6 and 7 on the ground that the petitioner has
taken repeated adjournments and as such, the petitioner was not
entitled to any indulgence by the Commercial Court. However,
having regard to the issues in controversy between the parties, I
deem it just and appropriate to adopt a justice oriented approach
and in order to provide one more opportunity to the petitioner, set
aside the impugned common order and allow I.A.Nos.6 and 7 and
permit the petitioner to recall PW-1 for further cross-examination,
subject to certain conditions in this regard.
5. In the result, I pass the following:
ORDER
(i) The petitions are hereby allowed on payment of cost
of Rs.15,000/- to the respondent-plaintiff before the
Commercial Court.
NC: 2026:KHC:6148
HC-KAR
(ii) The impugned common order, dated 20.11.2025
passed on I.A.Nos.6 and 7 in Com.O.S.No.739/2022
by the LXXXVI Additional City Civil and Sessions
Judge, Bengaluru, are hereby set aside.
(iii) Consequently, I.A.Nos.6 and 7 are allowed, subject
to the condition that the petitioner-defendant shall
complete the further cross-examination of PW-1 on
09.02.2026 without taking adjournment, under any
circumstances, whatsoever.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 1 Sl No.: 14
