Petitioner-defendant sought a direction that its return-of-plaint application be decided before its plaint-rejection application. The High Court noted counsel had not argued the rejection application and permitted it to argue that application on the next hearing date, disposing of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 27334 OF 2024 (GM-CPC)
BETWEEN:
SHALIMAR INCENSE PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT : SHALIMAR HOUSE, NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU - 560 021, REPRESENTED BY ITS DIRECTOR, SRI. VINOD SHAH.
…PETITIONER
(BY SRI. VARUN S., ADVOCATE)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. MADHURI GAIKWAD., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO SET-ASIDE THE ORDER DATED 27.09.2024 PASSED BY THE LEARNED COMMERCIAL COURT IN COM. O.S. NO. 209/2021 REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF THE CPC, 1908 SEEKING THE PASSING OF AN ORDER ON THE APPLICATION SEEKING RETURN OF PLAINT (I.A NO. 8) PRIOR TO CONSIDERATION OF THE APPLICATION SEEKING REJECTION OF PLAINT (IA NO. 10) (ANNEXURE-H) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
In this petition, petitioner is seeking a writ of certiorari to set aside the order dated 27.09.2024 passed in Com.O.S.NO.209/2021 by the Court of LXXXIII Addl. City Civil and Sessions Judge, (CCH-84) at Bangalore.
NC: 2024:KHC:41224 WP No. 27334 of 2024
to file vakalath in the Registry within one week.
Sd/(MOHAMMAD NAWAZ) JUDGE
YN
List No.: 1 Sl No.: 123
1 issue framed by the court
Whether the trial court could decline to decide the return-of-plaint application before the rejection-of-plaint application in a commercial suit.
4 provisions across 2 enactments
Shalimar Incense Pvt. Ltd.
Smt. Karina Shah
Shalimar Agarbatti Company
Sri. Vinod Kanji Shah
Sri. Alkesh Shah
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
