Syed Asmath Pasha Qhadri v. M/S Sri Sumeru Realty Pvt. Ltd.
Case brief
What is this about?
Withdrawal of commercial appeal at admission stage; Karnataka HC Division Bench (Anjaria CJ / Arun J), 20.03.2025, COMAP No.170/2025. Appeal under S.13(1-A) Commercial Court Act against 17.03.2025 order of XI Addl. Dist. & Sessions Judge (Commercial Court), Bengaluru Rural in Com.O.S.No.54/2023 allowing return of plaint under Order VII Rule 10 CPC to Principal Civil Judge Court, Bengaluru Rural. Appeal disposed of as withdrawn with liberty to raise all contentions before the court where plaint is presented; interlocutory application disposed as not surviving. Respondent No.1 (Senior Adv. Lakshmy Iyengar with S. Swaroop) had no objection; appellants represented by A Mahesh Chowdhary.
What did the court decide?
Permission to withdraw the commercial appeal granted; parties left free to raise all their contentions before the court where the plaint is to be presented as per the impugned order.