Petitioner-defendant challenged the commercial court's refusal to defer its rejection-of-plaint application until disposal of its return-of-plaint application. The High Court permitted counsel to argue the rejection application on the next hearing date and disposed of the writ petition.
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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. 27336 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, SRIRAMPURM, 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
REPRESENTED BY PARTNERS.
…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. 207/2021 REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF CIVIL PROCEDURE, 1908 SEEKING THE PASSING OF AN ORDER ON THE APPLICATION SEEKING RETURN OF PLAINT (I.A NO. 9) PRIOR TO CONSIDERATION OF THE APPLICATION SEEKING REJECTION OF PLAINT (IA NO. 11) (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.207/2021 by the Court of LXXXIII Addl.
City Civil and Sessions Judge, (CCH-84) at Bangalore.
passing of the order on I.A.No.11 till consideration of I.A.No.9.
NC: 2024:KHC:41225 WP No. 27336 of 2024
to file vakalath in the Registry within one week.
Sd/-
(MOHAMMAD NAWAZ) JUDGE
YN
List No.: 1 Sl No.: 124
1 issue framed by the court
Whether the trial court could defer passing an order on the return-of-plaint application (I.A.9) until after considering the rejection-of-plaint application (I.A.11)?
3 provisions across 2 enactments
Shalimar Incense Pvt. Ltd.
Sri. Nitin Kanji Shah HUF
Shalimar Agarbatti Company
Vinod Kanji Shah
Alkesh Shah
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
