Authority: High Court of Karnataka at Bengaluru
Order Date: 23 October 2025
Case Overview
- Parties: Petitioners – M/S Oriental Kitchen, a partnership firm (represented by partners Lalitheshwari Shinde and Rahul Sharma); Respondents – Mrs. Papri Ray (aged ~53) and Mr. Sumit Kumar Ray (aged ~62), residing at Villa No 45/2, Ferns Habitat Layout, Bengaluru.
- The appeal (Commercial Appeal No. 355 of 2024) was filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII of the CPC, seeking:
- Call for records of Commercial Original Suit No. 1826/2022.
- Set aside the judgment dated 02‑08‑2023 and decree dated 23‑08‑2023 passed in Commercial Original Suit No. 1826/2022.
- Remand the matter for trial.
- Award costs and any other relief.
- The matter was listed for non‑compliance with office objections. No representation was made by the appellant.
Court Proceedings
- The oral order (per Justice Vijaykumar A. Patil) granted a one‑week indulgence to the appellant to comply with the office objections, warning that failure would result in rejection of the appeal.
- The order was signed by both Hon’ble Mrs. Justice Anu Sivaraman and Hon’ble Mr. Justice Vijaykumar A. Patil.
Final Outcome
- The appellant failed to satisfy the office objections within the stipulated time.
- By the Court Order dated 23‑10‑2025, the appeal was formally rejected without further orders.
- The order was recorded by the Assistant Registrar (signatures of SR, VS C, GS) on 22‑11‑2025, with the court date noted as 24‑11‑2025.
Topics: Commercial Appeal, Court Order