Petitioner-defendant sought certiorari against the commercial court's refusal to decide its return-of-plaint application before its rejection-of-plaint application in a commercial suit. The High Court permitted counsel to argue on I.A.No.10 on the next hearing date and disposed 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. 27335 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, REP BY ITS DIRECTOR, SRI. VINOD SHAH.
…PETITIONER
(BY SRI. VARUN S., ADVOCATE)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
BENGALURU 560 021. SINCE DISSOLVED.
…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. 208/2021 REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SEC 151 OF CIVIL PROCEDURE, 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.208/2021 by the Court of LXXXIII Addl. City Civil and Sessions Judge, (CCH-84) at Bangalore.
NC: 2024:KHC:41251 WP No. 27335 of 2024
Rule 11(d) of CPC seeking rejection of the plaint, which is numbered as I.A.No.10.
NC: 2024:KHC:41251 WP No. 27335 of 2024
on the said I.A. on the next date of hearing, i.e.,
14.10.2024.
to file vakalath in the Registry within one week.
Sd/(MOHAMMAD NAWAZ) JUDGE
YN
List No.: 1 Sl No.: 88
1 issue framed by the court
Whether the trial court could defer passing of order on the return of plaint application (I.A.No.8) before considering the rejection of plaint application (I.A.No.10).
3 provisions across 1 enactments
Shalimar Incense Pvt. Ltd.
Smt. Savitha Nithin 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
