# In the matter of C. Krishnaiah Chetty and Sons Private Limited vs. Deepali Co. Private Limited &  Ors.

> HC judgment dated 2025-06-02. Citation: TCN-2025-HC-00068. The appellant, C. Krishnaiah Chetty and Sons Private Limited, filed a commercial appeal against the…

- **Court:** HC
- **Order date:** 2 Jun 2025
- **Citation:** TCN-2025-HC-00068
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/c-krishnaiah-chetty-and-sons-private-limited-vs-deepali-co-private-limited-ors-ab45971f

## Summary

### Background

The appellant, C. Krishnaiah Chetty and Sons Private Limited, filed a commercial appeal against the order dated 17.02.2022 passed by the LXXXV Addl. City Civil and Sessions Judge at Bengaluru in COM.OS.NO.306/2020. The order was passed on an application filed by the defendant/respondent Nos. 1 to 3 under Order-VII, Rule-11(d) of CPC, read with the Commercial Courts Act, 2015, for rejection of the plaint.

## Facts

C. Krishnaiah Chetty and Sons Private Limited filed a suit against Deepali Co. Private Limited seeking a perpetual injunction against using certain trademarks.

The trial court dismissed the suit based on an application by the defendants under Order VII Rule 11(d) of CPC, citing Section 430 of the Companies Act 2013.

The appellant filed a commercial appeal against the trial court's order with a delay of 366 days.

The appellant claimed the delay was due to awaiting the outcome of an application before the NCLAT seeking permission to convene board meetings.

The respondents argued that the appellant had participated in prior litigations without proper board authorization and that the delay was intentional and deliberate.

…

## Issues and analysis

### Issue 1: Whether the appellant has properly explained the inordinate delay of 366 days in filing the present …

**Ratio:** The Hon'ble Apex Court in the case of BORSE BROTHERS referred supra has made observations

…

**Reasoning:** The court reasoned that the appellant's explanation for the delay, awaiting the outcome

…

**Interpretation:** The court interpreted the term 'sufficient cause' in the context of the

…

**Application:** The court applied the principles laid down by the Hon'ble Apex Court and found

…

## Parties

- **Judges:** V. KAMESW…; T.M.N…
- **Appellants:** C. KRISHNAIAH…; I.A. No.1…
- **Respondents:** DEEPALI CO.…; SRI. C. GANESH…; +3 more
- **Other parties:** Kalabu…
- **Advocates:** Mandeep…; HITESH GOW…; +3 more

## Timeline

- **2022-02-17 — Trial Court…**: The LXXXV Addl. City Civil and Sessions Judge at Bengaluru passed an order in…
- **2023-04-19 — Appeal Fili…**: The present appeal was filed,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/bombay-high-court-panaji/c-krishnaiah-chetty-and-sons-private-limited-vs-deepali-co-private-limited-ors-ab45971f