Karnataka High Court
Sri Dhanunjaya Reddy Kamireddy vs M/S Jupiter Ventures Llp on 7 August, 2025
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NC: 2025:KHC:30776-DB
COMAP No. 225 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 225 OF 2025
BETWEEN:
1. SRI DHANUNJAYA REDDY KAMIREDDY,
S/O NARASIMHA REDDY KAMIREDDY,
AGED ABOUT 60 YEARS.
2. ARUNA KUMARI KAMIREDDY,
W/O SRI. DHANUNJAYA REDDY KAMIREDDY,
AGED ABOUT 56 YEARS.
BOTH ARE R/AT:
501 PEGASUS A,
MEENAKSHI SKY LOUNGE,
HITEX ROAD, KONDAPUR,
Digitally HYDERABAD-500 084.
signed by MOB: 9849912111.
SUMATHY
KANNAN
Location: AND ALSO AT
High Court of K. DHANUNJAYA REDDY,
Karnataka FIRST FLOOR, 410 12TH MAIN ROAD,
RMV EXTENSION, SADASHIVANAGAR,
BENGALURU-560 080.
MOB:9849912111.
...APPELLANTS
(BY SRI M.R RAJAGOPAL, SENIOR COUNSEL ALONG WITH
SRI PAMPAPATHI K, ADVOCATE)
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NC: 2025:KHC:30776-DB
COMAP No. 225 of 2025
HC-KAR
AND:
1. M/S. JUPITER VENTURES LLP,
REP. BY ITS DESIGNATED PARTNERS,
DR. UPENDRA KUMAR KANDLURI,
S/O NAGANNA KANDLURI.
AND
DR.JOTHI NEERAJA SATYANANDA,
W/O. UPENDRA KUMAR KANDLURI,
HAVING ITS OFFICE AT NO.166-A,
SHOBHA MALACHITE,
JAKKUR PLANTATION ROAD,
YELAHANKHA, BENGALURU-560 064.
2. THE REGISTRAR OF COMPANIES,
REP. BY ITS REGISTRAR,
E-WING, 2ND FLOOR, KENDRIYA
SADANA, KORMANGALA,
BENGALURU-560 034.
...RESPONDENTS
(BY SRI MANU PRABHAKAR KULKARNI, ADVOCATE FOR R-1)
THIS COMAP/COMMERCIAL APPEAL UNDER SECTION 13
(I-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 20.03.2025
PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE (COMMERCIAL COURT, BANGALORE [CCH-
85] AT BENGALURU IN COMMERCIAL OS NO.1146/24 AND
CONSEQUENTLY ALLOW IA 1 FILED IN COMMERCIAL OS
NO.1146/24 BY DISPENSING STATUARY NOTICE TO
RESPONDENT 2.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
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NC: 2025:KHC:30776-DB
COMAP No. 225 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The appellants have filed the present appeal under
Section 13 (1A) of the Commercial Courts Act, 2015,
impugning an order dated 20.03.2025 [impugned order]
passed by the learned Commercial Court in
COM.O.S.No.1146/2024.
2. The appellants had filed the aforementioned commercial
dispute, inter alia, seeking that they be included as Partners of
respondent No.1, LLP. The appellants have also impleaded the
Registrar of Companies [ROC] as defendant No.2. Since the
defendant No.2 is a part of the State, the appellants had
also filed an application seeking dispensation from
issuance of notice under Section 80 of the Code of Civil
Procedure, 1908[CPC]. However, the learned commercial
court did not accede to the said request. The learned
commercial court dismissed the appellants' application and
rejected the plaint. The learned commercial court accepted
the contentions that a suit could not be instituted without
prior notice under Section 80 of the CPC.
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HC-KAR
3. It is material to note that the appellants had also
filed an application under Order I Rule 10 (2) CPC seeking
to delete the ROC as defendant No.2 and also sought
deletion of the averments made in the plaint pertaining to
the relief sought against the ROC. The impugned order
does not indicate that the said application was considered.
Though the said application under Order I Rule 10 (2) are
not readily available in our record, however, the learned
counsel appearing for the respondents fairly states that
such an application seeking deletion of the ROC from the
array of defendants and the amendment to the plaint had
been filed. Undisputedly, if the said applications were
allowed, the plaint could not have been rejected on the
ground that notice under Section 80 of CPC had not been
issued.
4. In view of the above, we are unable to sustain the
impugned order and the same is set aside. We also
consider apposite to direct that the application filed by the
appellants for deletion of the ROC be allowed as there is
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HC-KAR
no possible objections to the same and no prejudice is
caused to respondent No.1.
5. In the aforesaid view, the suit filed by the appellants
is restored before the Commercial Court.
6. The appellants shall place an amended memo of
parties on the record.
7. The parties shall appear before the learned
Commercial Court on 22nd August 2025 for further
proceedings.
8. The appeal is allowed in the aforesaid terms.
9. All the pending IAs, also stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
tsn*
