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2020 Supreme(Kar) 647

M.NAGAPRASANNA
Property Infra Tech India (p ) Ltd. – Appellant
Versus
Urmila Ramesh – Respondent


Advocates Appeared:
Ravishankar Shastry G, Advocate, Vijaya Krishna Bhat M, Advocate

JUDGMENT

M Nagaprasanna, J. - Sri Ravishankar Shastry G., learned counsel for the petitioner.

    Sri Vijay Krishna Bhat M., learned counsel for caveators - respondents appeared through video conferencing.

      Being aggrieved by the order dated 12.02.2019 passed in O.S. No.433/2018 by the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangaluru (hereinafter referred to as the 'trial Court') whereby, the trial Court has transferred the suit of the plaintiff to the Commercial Court on the ground that the dispute between the parties was commercial in nature and had to be dealt with by the Court constituted under the Commercial Courts Act, 2015 (hereinafter referred to as 'the said Act of 2015'), on a memo filed by the defendants therein, the plaintiff has preferred the instant writ petition.

      2. Facts leading to filing of the instant writ petition are that, the petitioner who is the plaintiff in O.S.No.433/2018, filed a suit against the defendants therein (respondents herein) for recovery of the amount of Rs.2,47,18,493/- with interest from 01.12.2018 till the date of realisation. It transpires in terms of the pleadings that the plaintiff and the 2nd defendant were acquainted t

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