Karnataka High Court

WP/27252/2023 of SAVITHA REDDY Vs MANISH AGARWAL on 2 September 2026

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CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO. 27252 OF 2023 (GM-CPC) BETWEEN: SAVITHA REDDY W/O BABU REDDY AGED 40 YEARS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 27252 OF 2023 (GM-CPC)

BETWEEN:

SAVITHA REDDY

W/O BABU REDDY

AGED 40 YEARS

R/AT NO 39

SATISH REDDY LAYOUT

D C HALLI

HONGASANDRA ROAD

BANGALORE 560068

…PETITIONER

(BY SRI. MAHESH C M.,ADVOCATE)

AND:

MANISH AGARWAL

S/O DEOKI NANDAN AGARWAL

AGED 48 YEARS

R/AT 515

S MAGNUM STREET APT 5259

DURAHAM NORTH CAROLINA 27701

UNITED STATE OF AMERICA

REP BY HIS POWER OF ATTORNEY HOLDER

SHANKAR MITTAL

Digitally

signed by

ANNAPURNA

G

Location:

High Court of

Karnataka

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S/O LATE SHUBH KARAN

AGED 59 YEARS

II PHASE, JP NAGAR

BANGALURU 560078

…RESPONDENT

-----

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED 16/11/2023 PASSED ON IA NO. 3 WHICH WAS FILED

FOR REJECTION OF THE SUIT AS WANT OF JURISDICTION OF

THE COURT AS PER SECTION 2(1)(c) (xi) OF THE COMMERCIAL

COURTS ACT 2015 IN O.S. NO. 1302/2022 ON THE FILE OF

THE LXXXVI ACC AND SJ BENGALURU (PRODUCED HEREWITH

AS ANNEXURE-A) AND ALLOW THE SAID APPLICATIONS.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This writ petition is filed seeking following prayers :

a) Issue a writ of certiorari and quash the order dated 16.11.2023 passed on IA No.3 which was filed for rejection of the suit as want of jurisdiction of the court as per Section 2(1)(c)(xi) of the Commercial Courts Act, 2015 in O.S.No.1302/2022 on the file of the LXXXVI ACC & SJ, Bengaluru (produced herewith as Annexure"A") and allow the said applications and

b) Issue such other writ, orders or directions as this Hon'ble Court deems fit in the circumstances of the case and in the interest of justice.

2. Heard Sri Mahesh C.M., learned counsel for the petitioner and Sri.Nitin Prasad, learned counsel for the respondent.

3. The petitioner-defendant filed an application in O.S.No.1302/2022 under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") seeking to reject the plaint on the ground that the Commercial Court has no jurisdiction as per Section 2(1)(c)(xi) of the Commercial Courts Act, 2015. The trial

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court under the impugned order rejected the said application.

4. Sri Nitin Prasad, learned counsel appearing for the respondent-plaintiff fairly submits that instead of standing on technicalities, they may be permitted to seek return of the plaint and represent the same before the regular Civil Court.

5. In view of the aforesaid submission, writ petition is disposed of. The Commercial Court is directed to return the plaint with all the documents to enable the respondent-plaintiff to represent them before the Civil Court. The respondent-plaintiff is granted two months time to represent the plaint before the Civil Court after return by the Commercial Court.

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In view of the disposal of the writ petition, IA No.1/2024 is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE rs List No.: 1 Sl No.: 12

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