Karnataka High Court
Sri Balasubramanya vs M/S Mysore Minerals Private Ltd on 9 July, 2025
-1-
NC: 2025:KHC:24874
MFA No. 5063 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 5063 OF 2025(CPC)
BETWEEN:
SRI. BALASUBRAMANYA
AGED ABOUT 56 YEARS,
SON OF LATE M.K.ANJANAPPA,
RESIDENT OF NO.3406,
15TH CROSS, R.P.ROAD,
NANJANGUD TALUK
MYSURU - 570 024.
...APPELLANT
(BY SRI. B SHARATH KUMAR, ADVOCATE)
AND:
M/s.MYSORE MINERALS PRIVATE LTD.,
HAVING REGISTERED OFFICE AT OLD
Digitally signed
by SHAKAMBARI KESARE, SY.NO.175, NO.85,
Location: High MYSURU
Court of
Karnataka REPRESENTED BY ITS AUTHORISED PERSON,
AGED ABOUT 38 YEARS,
S/O LATE NANJUNDAPPA,
R/AT 60, 1ST MAIN,
NEAR JANATHA SAW MILL,
MEDARA BLOCK,
BAMBOO BAZAR,
MYSURU - 570 001.
...RESPONDENT
-2-
NC: 2025:KHC:24874
MFA No. 5063 of 2025
HC-KAR
THIS MFA IS FILED U/O.43 RULE 1(a) OF CPC, AGAINST
THE ORDER DATED 25.06.2025 ON IA NO.IV IN COM.
O.S.NO.51/2025 ON THE FILE OF THE COMMERCIAL COURT
AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MYSURU, REJECTING THE APPLICATION FILED U/O.7 RULE 10
OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
Heard learned counsel for the appellant on
maintainability of the appeal/office objection.
2. Learned counsel for the appellant also files a
memo to permit the appellant to convert this appeal as
"COMPAP" as against the impugned order at Annexure-A.
3. The Circular dated 30.10.2017 read as under:
"The Hon'ble Acting Chief Justice has been pleased to
constitute the "Commercial Appellate Division" as per Section 5
of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, 2015 (Act 4 of 2016) for
the purpose of exercising the jurisdiction and powers conferred
on it by the above said Act, in the High Court of Karnataka to
take up cases/appeals with nomenclature as "Commercial
Appeals" with abbreviation "COMAP" arising from the order(s) /
Judgment(s) / decree(s) passed by the Commercial
Courts/Commercial Division as provided under section 13 of the
Act considering the specified value as mentioned in Chapter I
Section 2(1) (1) of the said Act to deal with appeal(s).
Therefore, you are hereby requested to take necessary
action to amend in the High Court of Karnataka Act and Rules,
NC: 2025:KHC:24874
HC-KAR
1959 and provide a fresh case type "Commercial Appeals" with
abbreviation "COMAP" to post such cases/appeals before the
Commercial Appellate Division Bench as specified in Commercial
Courts, Commercial Division and Commercial Appellate Division
of High Court Act, 2015.
A copy of the Circular No.R(J) 65A/2017 is enclosed
herewith."
4. In view of the above Circular as well as memo
filed by the appellant, this appeal is permitted to be
converted as "COMAP".
For statistical purpose, this appeal stands disposed
of.
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
SBN
