Allowed

M/S. Allied Digital Services Ltd., v. the Oxford College of Engineering

Karnataka HC12 Jan 2023COM.APLN/1/2022

Case brief

AI extract

What is this about?

Commercial Application filed seeking transfer of an original suit from a City Civil and Sessions Judge to the Commercial Court, Bangalore. The Bench observed that the suit relates to a commercial transaction and allowed the application.

What did the court decide?

Original Order dated 03.11.2022 set aside; matter transferred to the Commercial Court, Bangalore to continue suit and expedite disposal.

M/S. Allied Digital Services Ltd., Vs the… — Civil Procedure and Limitation | Karnataka HC (2023)

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COM.APLN No. 1 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE G.NARENDAR AND

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THE HON'BLE MR. JUSTICE S RACHAIAH

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COMMERCIAL APPLICATION NO. 1 OF 2022

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BETWEEN:

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Digitally signed by C HONNUR SAB Location: High Court of Karnataka

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M/S. ALLIED DIGITAL SERVICES LTD., KRISHNA, 73/1-3, 2^ND FLOOR, INFANTRY ROAD, BENGALURU-560001 REPRESENTED BY ITS MANAGER AND SERVICE DELIVERY, MR. S. R. RAJESH AGED ABOUT 49 YEARS R/A NO.3/128-14B1 DEEPAM GARDEN III PANNIMADAI, COIMBATORE-641017.

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…APPLICANT

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(BY SMT. RAMA RAMACHANDRA IYER, ADVOCATE)

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AND:

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THE OXFORD COLLEGE OF ENGINEERING BOMMANAHALLI, HOSUR ROAD, BANGALORE-560068 REPRESENTED BY ITS REGISTRAR AND ALSO MR. SHASHI DHAVA, PROFESSOR & HOD, DEPARTMENT OF COMPUTER APPLICATION.

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…RESPONDENT

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(BY SRI. VIVEK HOLLA, ADVOCATE.)

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COM.APLN No. 1 of 2022

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THIS COMMERCIAL APPLICATION IS FILED UNDER SECTION 15(5) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO TRANSFER THE O.S.NO.26515/2013 PENDING IN THE FILE OF THE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT CCH-74, BANGALORE TO THE COMMERCIAL COURT, BANGALORE ETC.

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THIS COMMERCIAL APPLICATION, COMING ON FOR ADMISSION, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the applicant and the respondent.

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2. Though the matter is listed for admission, with

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the consent of the counsels it is taken up for disposal in view of the short point involved.

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The case of the applicant is that the transaction is a commercial transaction in terms of Section 2(c) of The Commercial Courts Act, 2015.

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The provision deals with the jurisdiction of the

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Court to try the issue since the subject matter involved was a commercial transaction. The Trial Court by a cryptic

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COM.APLN No. 1 of 2022

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order and without application of mind has been pleased to reject the I.A. 10 on the basis of earlier order whereby, the memo by the respondent herein to transfer the case has been rejected by its order dated 21.04.2022.

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The Trial Court while rejecting I.A. 10 application has proceeded to reject the application on the short ground that the same is made with the intention of harassing the plaintiff and it has failed to address the contention that the transaction complained of is a commercial transaction. Section 2(xvi) of The Commercial Courts Act, 2015 includes a disputes arising out of a ‘technology development agreements’ as a commercial dispute.

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Section 2 (c)(vii) reads as under:-

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“agreements relating to immovable property used exclusively in trade or commerce;”

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COM.APLN No. 1 of 2022

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6. The copy of the Memorandum of Plaint is

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produced as Annexure-N to the appeal. The cause of action and rather the transaction between the parties is detailed in para 4 and the suit claim is for payment of the consideration arising out of the said transaction.

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In that view of the matter, the transaction

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between the parties being a commercial transaction and dispute arising out of non payment of the same, the same amounts to commercial transaction.

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The appeal is allowed. The order dated 03.11.2022 is set-aside. Matter is directed to be

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transferred to the Commercial Court having jurisdiction. On transfer, the Commercial Court shall continue with the suit from the stage of hearing of arguments and expedite the disposal of the suit.

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Appeal stands ordered accordingly.

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COM.APLN No. 1 of 2022

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In view of disposal of the Application, pending interlocutory application, if any, does not survive for consideration and is accordingly disposed of.

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Sd/JUDGE

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Sd/JUDGE

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CHS List No.: 1 Sl No.: 13

M/S. Allied Digital Services Ltd., v. the Oxford College of Engineering

Case brief

What is this about?

What did the court decide?

M/S. Allied Digital Services Ltd., v. the Oxford College of Engineering

Case brief

What is this about?

What did the court decide?

What the court decided

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