Partly allowed

M/S. Popular Constructions v. Prasanna v Ghotage

Karnataka HC27 Feb 2019WP/107184/2018

Case brief

AI extract

What is this about?

Writ petition challenging an order returning a plaint due to lack of jurisdiction. The High Court of Karnataka allowed the petition in part, directing the civil judge to transfer the suit to the Commercial Court under Section 15(2) of the Commercial Courts Act, 2015.

What did the court decide?

Directing the Principal Senior Civil Judge & CJM, Belagavi to transfer the suit papers to the concerned Commercial Court.

M/S. Popular Constructions Vs Prasanna v Ghotage — Company and Corporate | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION NO.107184 OF 2018 (GM-CPC)

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BETWEEN

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M/S. POPULAR CONSTRUCTIONS A PARTNERSHIP FIRM, HAVING ITS OFFICE @ CCB 110 CONGRESS ROAD, TILKWADI, BELAGAVI, REPRESENTED BY ITS PARTNER RAGHUNATH S/O BHARMAJI SURYAWANSHI, AGE: 49 YEARS, OCC: BUSINESS, R/O: WARD NO.17 CCB NO.493 HIRA SMRUTI, M.G. COLONY, TILAKWADI, BELAGAVI, BY HIS GPA HOLDER, MAHESH SHANKAR HANAMSHET, AGE: 50 YEARS, OCC: BUSINESS, R/O: CCB 110, CONGRESS ROAD, TILAKWADI, BELAGAVI.

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... PETITIONER

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(BY SRI. SHARAD V MAGADUM, ADV., FOR SRI. HEMANT R CHANDANGOUDAR, ADV., FOR PETITIONER)

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AND

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PRASANNA V GHOTAGE NO.1088/B PRERANA HOMMES RANADE COLONY, HINWADI, BELAGAVI, REPRESENTED BY ITS PROPRIETOR, PRASANNA VASUDEV GHOTAGE, AGE: 46 YEARS, OCC: BUSINESS, NO.1088/B PRERANA HOMMES RANADE COLONY, HINWADI, BELAGAVI.

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CORPORATION BANK REPRESENTED BY ITS BRANCH MANAGER, HINDWADI BRANCH, KLS COMPOUND, BELAGAVI.

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... RESPONDENTS

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.06.2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, BELAGAVI IN O.S.NO.140/2008 VIDE ANNEXURE-D AND FURTHER DIRECT TO THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, BELAGAVI TO TRANSFER O.S.NO.140/2008 TO THE JURISDICTIONAL COMMERCIAL COURT.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner.

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2. The petitioner is before this Court being

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aggrieved by the order passed by the Court of the Principal Senior Civil Judge and C.J.M., Belagavi in O.S.No.140/2008, upholding the objections raised by

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the defendant regarding the maintainability of the suit and the jurisdiction of the Court to try the same, in view

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of the formation of the Commercial Courts under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, the Court below has been pleased to pass the order to return the plaint to the plaintiff to present the same before the Competent Court.

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The learned counsel for the petitioner would submit that the same is contrary to the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. The said issue need not detain this Court long an the answer is available and provided under sub-section 2 of Section 15, which reads as under:

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“15 (2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been

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constituted, shall be transferred to such Commercial Court.

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Provided that no suit or application where the final judgment has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-section(1) or subsection(2).”

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In that view of the matter, the order requires to be modified accordingly. The writ petition is partly allowed. The order is modified and the Court of the Principal Senior Civil Judge and C.J.M., Belagavi is directed to transfer the suit papers to the concerned commercial court in terms of the provisions of Section 15(2) of the Act. In view of the above order, notice to the respondent is dispensed with. Petition stands ordered accordingly.

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Sd/JUDGE

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yan

M/S. Popular Constructions v. Prasanna v Ghotage

Case brief

What is this about?

What did the court decide?

M/S. Popular Constructions v. Prasanna v Ghotage

Case brief

What is this about?

What did the court decide?

What the court decided

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