Karnataka High Court
M/S S V Karanth Techno Systems vs M/S Megatron Solutions Pvt Ltd on 7 November, 2024
-1-
NC: 2024:KHC:45082-DB
COMAP No. 168 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
COMMERCIAL APPEAL NO. 168 OF 2023
BETWEEN:
M/S S V KARANTH TECHNO SYSTEMS
A PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT
SY.NO.79/4, 9 AND 10, 4TH CROSS,
DODDANNA INDUSTRIAL AREA, HULIMAVU,
BANNERGHATTA ROAD,
BENGALURU - 560 076
REP BY ITS GPA HOLDER
SHRI. K. N. KRISHNA MURTHY
AGED ABOUT 67 YEARS
...APPELLANT
Digitally (BY SRI. PRAKASH TIMMANNA HEBBAR.,ADVOCATE)
signed by
NARAYANA
UMA AND:
Location:
HIGH
COURT OF
1. M/S MEGATRON SOLUTIONS PVT LTD
KARNATAKA A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT
NO.3/A, 1ST 'A' MAIN ROAD, GANGA NAGAR EXTN.,
BENGALURU - 560 032
REP BY ITS AUTHORISED SIGNATORY.
2. MR. MAHESH RATHNAKAR HEGDE
MANAGING DIRECTOR
M/S MEGATRON SOLUTIONS PVT. LTD.,
OFFICE AT NO. 3/A, 1ST ' A' MAIN ROAD,
GANGA NAGAR EXTN.,
BENGALURU - 560 032.
-2-
NC: 2024:KHC:45082-DB
COMAP No. 168 of 2023
3. SMT. PRIYADARSHINI MAHESH HEGDE
DIRECTOR
M/S MEGATRON SOLUTIONS PVT. LTD.,
OFFICE AT NO. 3/A, 1ST 'A' MAIN ROAD,
GANGA NAGAR EXTN.,
BENGALURU - 560 032.
...RESPONDENTS
(BY SMT. ANNU BHARDWAJ.,ADVOCATE)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING THAT
THIS HONBLE COURT BE PLEASED TO ADMIT THIS
COMMERCIAL APPEAL, CALL FOR ENTIRE RECORDS FROM THE
FILE OF THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY CCH-83 IN COMMERCIAL
O.S. NO. 25794/2020, PERUSE THE SAME, HEAR THE PARTIES
AND GRANT THE FOLLOWING RELIEFS A) TO SET ASIDE
THE IMPUGNED ORDER DATED 30.08.2022 ON I.A.NO. I
PASSED BY THE HONBLE LXXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, O.S. NO. 25794/2020 AND CONSEQUENTLY,
DISMISS THE APPLICATION (I.A. NO. I) FILED BY THE
RESPONDENTS UNDER ORDER VII RULE 11(D) OF CIVIL
PROCEDURE CODE, 1908.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
-3-
NC: 2024:KHC:45082-DB
COMAP No. 168 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
1. The challenge in this appeal is to an order dated
30.08.2022 in I.A No.1 in Com.O.S No.25794/2020,
whereby the learned LXXXII Additional City Civil and
Sessions Judge, at Bengaluru (CCH-83) has allowed
the application filed by the respondents herein by
rejecting the plaint under Order VII Rule 11(d) of CPC.
2. We have heard the learned counsel for appellant and
learned counsel for respondents.
3. The learned counsel for appellant submits that the
appellant intends to invoke Section 12-A of the
Commercial Courts Act, 2015 by approaching the Legal
Services Authority.
4. On this submission of the learned counsel for the
appellant, the learned counsel for respondents states
that if the appellant invokes Section 12-A of the
Commercial Courts Act, 2015, the respondents shall
appear in those proceedings provided an advance copy
NC: 2024:KHC:45082-DB
of the application is served on the respondents. If that
is so, we dispose of the appeal, taking the submissions
made by the counsel on record.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
UN
