Dismissed

Smt Komala S P v. Smt Asha L @ Asha Chetan Kumar

Karnataka HC10 Jul 2023COMAP/98/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a commercial appeal filed under Section 13(1-A) of the Commercial Courts Act, 2015. The Court held the impugned order rejecting a submission under Order XXXVII CPC was not appealable under the said provisions or Order XLIII CPC, thus the appeal did not lie.

What did the court decide?

Certified copy of impugned order returned to appellant on substitution by photocopy; pending interlocutory application dismissed.

Smt Komala S P Vs Smt Asha L @ Asha Chetan… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:23635-DB COMAP No.98 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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COMMERCIAL APPEAL NO.98 OF 2023

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BETWEEN:

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Digitally signed by RUPA V

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Location: High Court of Karnataka

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SMT. KOMALA S.P. D/O SRINIVASAPURA PRAKASH AGED ABOUT 35 YEARS R/A NO.36/1, 2ND FLOOR 11TH CROSS, IT MAIN, IST STAGE INDIRANAGAR, BANGALORE-560038

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…APPELLANT

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(BY MS. OSHIN VARGHESE, ADV., FOR MR. ACHAPPA P.B. ADV.,)

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AND:

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SMT. ASHA .L @ ASHA CHETAN KUMAR W/O SRI CHETAN KUMAR AGED ABOUT 31 YEAR R/AT. NO.14, KHB COLONY, JB KAVAL CORPORATION WARD NO.10 KRISHNANANDA NAGAR BEHIND POLICE QUARTERS BANGALORE-560096.

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MR. KHADEER ABDUL MOHAMMAD ALI S/O ABDUL KHADEER AGED ABOUT 68 YEARS R/A NO.29, ERUMAPALAYAM SALEM, TAMILNADU-636015

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…RESPONDENTS

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NC: 2023:KHC:23635-DB COMAP No.98 of 2023

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THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR RECORDS IN COM.O.S.NO.945 OF 2021 PENDING ON THE FILES OF THE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS COURT AT BANGALORE. SET ASIDE THE ORDER DATED 09.01.2023 PASSED ON IA NO.7 IN COM.OS.NO.945/2021 PASSED BY LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS COURT AT BANGALORE WHICH IS PRODUCED AT ANNEXUREA AND ALLOW I.A. NO.7 FILED BY THE APPELLANT INVOKING ORDER XXXVII RULE 3(6)(b) OF CODE OF CIVIL PROCEDURE, 1908 PRODUCED AT ANNEXURE-B AND CONSEQUENTLY DIRECT SECURITY BY WAY OF DEPOSIT OR BANK GUARANTEE BY R1 IN FAVOUR OF THE APPELLANT.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 13(1-A) of the

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Commercial Courts Act, 2015 (hereinafter referred to as 'the Act') has been filed against an order dated 09.01.2023 by which application filed by the respondent No.2 under Order XXXVII Rule 3(6)(b) of the Code of Civil Procedure, 1908, has been rejected.

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The aforesaid order is not an appealable order

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under the provisions of Order XLIII of the Code of Civil Procedure. Therefore, in view of the proviso to Section

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NC: 2023:KHC:23635-DB COMAP No.98 of 2023

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13(1-A) of the Act, appeal filed under the provisions of the Act does not lie.

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Office is directed to return the certified copy of impugned order to the learned counsel for the appellant

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on substitution thereof by a photo copy.

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The appeal is therefore dismissed with liberty to

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the appellant to take recourse to such remedy as may be available to her in law.

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Consequently, pending interlocutory application is also dismissed.

Sd/-

JUDGE

Sd/JUDGE

Smt Komala S P v. Smt Asha L @ Asha Chetan Kumar

Case brief

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Smt Komala S P v. Smt Asha L @ Asha Chetan Kumar

Case brief

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