Tci Express vs Maxon Precision Motor India Pvt Ltd
2024 Latest Caselaw 10121 Kant

Karnataka High Court

Tci Express vs Maxon Precision Motor India Pvt Ltd on 8 April, 2024

                                                   -1-
                                                            NC: 2024:KHC:14428-DB
                                                            COMAP No. 85 of 2024




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF APRIL, 2024

                                                PRESENT
                             THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                                   AND
                       THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                                COMMERCIAL APPEAL NO. 85 OF 2024
                      BETWEEN:

                      TCI EXPRESS
                      100 D DEVRAJ URS TRUCK
                      TERMINAL INDUSTRIAL SUBURB
                      YESHWANTHPUR
                      BANGALORE-560 022
                      REPRESENTED BY ITS
                      REGIONAL MANAGER
                      SAROJKUMAR MAHARANA                            ...APPELLANT

                      (BY SHRI. K.N. BALRAJ, ADVOCATE FOR
                          SHRI. SIRAJIN BASHA, ADVOCATE)

                      AND:

                      1.   MAXON PRECISION
Digitally signed by
MADHUSHREE H               MOTOR INDIA PVT. LTD.,
Location: High             NIRAN ARCADE NO.563 /564
Court of Karnataka
                           SECOND FLOOR, NEW B.E.L ROAD
                           RMV SECOND STAGE
                           BENGALURU-560 094
                           REPRESENTED BY ITS
                           SUBROGEE/POWER AGENT
                           M/S. UNITED INDIA
                           INSURANCE CO. LTD., DIVISIONAL
                           OFFICE VI, NO.119, SYLVERSTRA
                           ARCADE, EAST PARK ROAD
                           11TH CROSS, MALLESHWARAM
                           BENGALURU-560 003
                           REPRESENTED BY ITS PRINCIPAL OFFICER
                                -2-
                                        NC: 2024:KHC:14428-DB
                                        COMAP No. 85 of 2024




2.     M/S. UNITED INDIA INSURANCE CO. LTD.,
       DIVISIONAL OFFICE VI, NO.119
       SYLVERSTRA ARACADE
       EAST PARK ROAD, 11TH CROSS
       MALLESHWARAM
       BANGALORE-560 003
       REPRESENTED BY ITS
       PRINCIPAL OFFICER                         ...RESPONDENTS

     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(1a)
OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO SET ASIDE THE
ORDER DATED 20.02.2024 ON I.A UNDER ORDER 1 RULE 10(2) OF
CODE OF CIVIL PROCEDURE, IN COM.O.S. NO.727/2021, CCH-85,
LXXXIV ADD. CITY CIVIL AND SESSIONS JUDGE PENDING BEFORE THE
LEARNED COMMERCIAL COURT, BENGALURU BY ALLOWING THIS
APPEAL IN THE ENDS OF JUSTICE.
       THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS, THIS
DAY,   ANU SIVARAMAN J., DELIVERED THE FOLLOWING:

                        JUDGMENT

Memo filed by the learned counsel appearing for appellant,

seeking permission to convert this appeal into writ petition is

accepted on file.

2. The commercial appeal is disposed of for statistical

purpose.

Sd/-

JUDGE

Sd/-

JUDGE