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M. NAGAPRASANNA
Sanjay Kumar, S/o. Mahesh Narayan Sahay – Appellant
Versus
Elior India Food Services LLP, Represented by its Designate Partner/Authorized Signatory Mr. Rohit Sawhney – Respondent
Headnote: Read headnote
ORDER :
The petitioner is before this Court seeking a writ in the nature of prohibition restraining the LXXXV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru from proceeding further in the case bearing Commercial Miscellaneous Appeal No.1 of 2023 filed by the respondent.
2. Heard Sri A.V. Nishanth, learned counsel appearing for the petitioner and Sri K.G. Raghavan, learned senior counsel appearing for the respondent.
3. Facts in brief germane are as follows:
The respondent/Elior India Food Services LLP (hereinafter referred to as ‘the firm’ for short) employs the petitioner under an employment agreement on 26-10-2016. The firm later designates the petitioner as partner and minor partner with a particular share in the firm. The firm owing to certain omissions and commissions on the part of the petitioner initiates inqui
Point of law: Section 2(1)(c) which forms the fulcrum of the issue in the lis defines what is commercial dispute.
A dispute regarding a lease for commercial purposes qualifies as a commercial dispute under the Commercial Courts Act, necessitating the jurisdiction of the Commercial Court.
The main legal point established in the judgment is the interpretation of the Commercial Courts Act, 2015, especially Section 10(3), to determine the appellate jurisdiction for disputes arising from ....
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
Sections 6 of Commercial Courts Act, 2015 dealing with jurisdiction of Commercial Court
The main legal principle established in the judgment is that the Commercial Court has the jurisdiction to execute its own decree or a decree transferred to it, where the value is above the specified ....
The main legal point established in the judgment is that lack of inherent jurisdiction can be raised in an execution proceeding, and the subject matter jurisdiction vested with the High Court under t....
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