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RAVI V. HOSMANI
Bangalore Blues Entertainment India Private Limited – Appellant
Versus
One Ikigaii Edutech Private Limited – Respondent
JUDGMENT :
Challenging impugned order dated 03.09.2022 passed by XXII Addl. City Civil and Sessions Judge, Bengaluru, in O.S.No.5686/2022 on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC, this appeal is filed.
2. Appellant herein was defendant no.1, while respondent no.1 herein was plaintiff and respondent no.2 herein was defendant no.2 in suit. They will be referred to as such herein.
3. O.S.no.5686/2022 was filed for judgment and decree against defendants restraining from interfering with plaintiff’s peaceful possession and enjoyment of suit schedule property and lawful running of business by plaintiff therein and also restraining defendants from forcibly dispossessing plaintiff from suit schedule property other than under due process of law etc.
4. In said suit plaintiff filed IA no.1 for temporary injunction under Order XXXIX Rules 1 and 2 of CPC in respect of building by name 'Swamy Legato' constructed over land bearing new Sy.no.20./7, old Sy.no.20/4, Kadubisanahalli village, Marthahalli Outer Ring road, Bengaluru -insofar as 4th floor with super built up area of 7454 sq.ft., 5th floor with super built up area of 4064 sq. ft. and terrace open area of 3390 sq.ft. with four
For a suit to be considered a commercial dispute, it should meet both the requirements of falling within the definition of a commercial dispute and having a specified value of more than Rs. 3 lakhs. ....
The valuation of IPR suits should not be presumed to be undervalued, and the issue of undervaluation should be evaluated based on the facts of each case.
(1) Suits valuation – Issue of a deliberate suppression of valuation would have to be considered and answered based on facts obtaining in an individual case.(2) IPR Suit – Unless twin conditions of c....
The court established that disputes arising from license agreements for properties used exclusively for trade qualify as commercial disputes under the CC Act.
The court confirmed that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the need for clear admissions for invoking judgment on admissions.
The court confirmed the trial court's ruling that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the importance of clear admissions in legal proceedings.
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