Smt Komala S P vs Smt Asha L @ Asha Chetan Kumar
2023 Latest Caselaw 4209 Kant

                                         -1-
                                                NC: 2023:KHC:23635-DB
                                                  COMAP No.98 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 10TH DAY OF JULY, 2023
                                      PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                         AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                          COMMERCIAL APPEAL NO.98 OF 2023
               BETWEEN:

               1.   SMT. KOMALA S.P.
Digitally
signed by           D/O SRINIVASAPURA PRAKASH
RUPA V              AGED ABOUT 35 YEARS
                    R/A NO.36/1, 2ND FLOOR
Location:
High Court          11TH CROSS, IT MAIN, IST STAGE
of Karnataka        INDIRANAGAR, BANGALORE-560038

                                                          ...APPELLANT
               (BY MS. OSHIN VARGHESE, ADV., FOR
                   MR. ACHAPPA P.B. ADV.,)

               AND:

               1.   SMT. ASHA .L @ ASHA CHETAN KUMAR
                    W/O SRI CHETAN KUMAR
                    AGED ABOUT 31 YEAR
                    R/AT. NO.14, KHB COLONY, JB KAVAL
                    CORPORATION WARD NO.10
                    KRISHNANANDA NAGAR
                    BEHIND POLICE QUARTERS
                    BANGALORE-560096.

               2.   MR. KHADEER ABDUL MOHAMMAD ALI
                    S/O ABDUL KHADEER
                    AGED ABOUT 68 YEARS
                    R/A NO.29, ERUMAPALAYAM
                    SALEM, TAMILNADU-636015

                                                        ...RESPONDENTS
                           -2-
                                 NC: 2023:KHC:23635-DB
                                   COMAP No.98 of 2023




     THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR
RECORDS IN COM.O.S.NO.945 OF 2021 PENDING ON THE
FILES OF THE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS
COURT AT BANGALORE. SET ASIDE THE ORDER DATED
09.01.2023 PASSED ON IA NO.7 IN COM.OS.NO.945/2021
PASSED BY LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS
COURT AT BANGALORE WHICH IS PRODUCED AT ANNEXURE-
A AND ALLOW I.A. NO.7 FILED BY THE APPELLANT INVOKING
ORDER XXXVII RULE 3(6)(b) OF CODE OF CIVIL PROCEDURE,
1908 PRODUCED AT ANNEXURE-B AND CONSEQUENTLY
DIRECT SECURITY BY WAY OF DEPOSIT OR BANK GUARANTEE
BY R1 IN FAVOUR OF THE APPELLANT.

    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal under Section 13(1-A) of the

Commercial Courts Act, 2015 (hereinafter referred to as

'the Act') has been filed against an order dated

09.01.2023 by which application filed by the respondent

No.2 under Order XXXVII Rule 3(6)(b) of the Code of

Civil Procedure, 1908, has been rejected.

2. The aforesaid order is not an appealable order

under the provisions of Order XLIII of the Code of Civil

Procedure. Therefore, in view of the proviso to Section

NC: 2023:KHC:23635-DB COMAP No.98 of 2023

13(1-A) of the Act, appeal filed under the provisions of

the Act does not lie.

Office is directed to return the certified copy of

impugned order to the learned counsel for the appellant

on substitution thereof by a photo copy.

3. The appeal is therefore dismissed with liberty to

the appellant to take recourse to such remedy as may

be available to her in law.

Consequently, pending interlocutory application is

also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV