Karnataka High Court
Mr. Hassan Moosa vs G Ramaiya Reddy on 20 November, 2023
Bench: K.Somashekar, Rajesh Rai K
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NC: 2023:KHC:41652-DB
COMAP No. 275 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 275 OF 2023
BETWEEN:
MR. HASSAN MOOSA
S/O LATE MR. MOOSA DAWOOD
AGED 66 YEARS
R/AT 377/4
CUNNINGHAM ROAD CROSS
JAYRAMDAS LAYOUT
BANGALORE - 560052.
...APPELLANT
(BY SRI. A MAHESH CHOWDHARY- ADVOCATE)
Digitally AND:
signed by D
K BHASKAR 1. G RAMAIYA REDDY
Location: R/AT NO. 668-1, D MAIN ROAD
High Court DOMLUR LAYOUT
of Karnataka BANGALORE - 560071
SINCE DECEASED REPRESENTED BY
HIS LEGAL REPRESENTATIVES
1(a) MR. R SANDEEP
AGED ABOUT 37 YEARS
S/O MR. RAGHAVA REDDY
R/AT NO. 668-1, D MAIN ROAD
DOMLUR LAYOUT
BANGALORE - 560071.
1(b) MR. D. ABHISHEK
S/O MR. R DASHRATH REDDY
AGED ABOUT 30 YEARS
-2-
NC: 2023:KHC:41652-DB
COMAP No. 275 of 2023
R/AT NO. 668-1, D MAIN ROAD
DOMLUR LAYOUT
BANGALORE - 560071.
1(c) MR. R GURU REDDY
S/O LATE G RAMAIYA REDDY
AGED ABOUT 69 YEARS
R/AT NO.79/9, FIRST FLOOR
NANDIDURGA ROAD
BENSON TOWN
BANGALORE - 560071.
1(d) MR. RAGHAVA REDDY
S/O LATE G RAMAIYA REDDY
ABOUT 68 YEARS
R/AT NO. 668-1, D MAIN ROAD
DOMLUR LAYOUT
BANGALORE - 560071.
1(e) MR. R DASHRATHA
S/O LATE G RAMAIYA REDDY
AGED ABOUT 65 YEARS
R/AT NO. 668-1
D MAIN ROAD
DOMLUR LAYOUT
BANGALORE - 560071.
2 M/S IDEB PROJECTS
PRIVATE LIMITED
NO.9 AND 10 FLOOR
SIGMA TECH PARK
DELTA TOWERS, NO.7
WHITEFIELD MAIN ROAD
BANGALORE - 560066.
...RESPONDENTS
(BY SRI. R V S NAIK - SENIOR COUNSEL FOR
SMT. ANUSHA DEVI M - ADVOCATE FOR C/R1(a-e))
THIS COMAP UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO A) SET ASIDE
THE ORDER DATED 20/07/2023 PASSED BY THE LXXXVIII
(88TH) ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-
89), COMMERCIAL COURT COMPLEX IN COM.EX.P.
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NC: 2023:KHC:41652-DB
COMAP No. 275 of 2023
No.4305/2018 VIDE ANNEXURE-A ON IA NO. XXVI AND XXVII
AND ON IA NO. XXVIII AND CONSIDER THE APPLICATIONS
FILED BY THE APPELLANT UNDER ORDER XXI RULE 97 R/W
SECTION 151 OF CPC, 1908 AND UNDER SECTION 33(5) OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016 R/W
SECTION 151 OF CPC, 1908, VIDE ANNEXURE-H AND J,
RESPECTIVELY AND ALLOW THE SAME.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri A Mahesh Chowdhary for appellant is
on record.
2. In this matter, office has raised an objection regarding
maintainability of the COMAP. This appeal is filed challenging
the order dated 20.07.2023 passed by the LXXXVIII (88th)
Additional City Civil and Sessions Judge, (CCH - 89)
Commercial Court Complex in Com.Ex.4305/2018 vide
Annexure - A on I.A.No.XXVI, XXVII and on I.A.No.XXVIII by
urging various grounds.
3. Learned Senior counsel Sri RVS Naik on behalf of
respondents appears through video conferencing and submits
arbitral award has been passed by the Arbitrators followed by
initiation of Com.Ex.4305/2018.
NC: 2023:KHC:41652-DB
COMAP No. 275 of 2023
However, as regards the office objections raised, it is
relevant to refer to a judgment of a Co-ordinate Bench of this
Court in the case of Mr. Suresh V/s M/s. Khodays Trends
and Others passed in Commercial Appeal No.101/2023
dated 12.07.2023 wherein it is held that the right of an
appeal under Section 13(1A) of Commercial Courts Act 2015, is
exercisable only insofar as the orders that are appealable under
Order LXIII of the Code of Civil Procedure.
4. In that view of the matter, office objection regarding
maintainability of the appeal is upheld. Office is directed to
return the appeal papers to the counsel in order to enable the
appellants to approach the appropriate forum, on substitution
thereof by a self attested copy of the same.
The appeal stands disposed of for statistical purposes.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
