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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A. PATIL
Isha Distribution House Pvt. Ltd. – Appellant
Versus
Aditya Birla Fashion and Retail Ltd. – Respondent
| Table of Content |
|---|
| 1. petition seeks remedies from high court. (Para 1) |
| 2. petitioner filed prior suit in calcutta. (Para 2 , 5 , 6) |
| 3. respondent supports trial court's order. (Para 3) |
| 4. court thoroughly examines arguments. (Para 4) |
| 5. section 10 cpc aims to prevent parallel suits. (Para 7 , 8) |
ORDER :
1. This petition is filed seeking following reliefs:
"(a) Call for the records;
(b) Issue a writ of certiorari to quash the common order dated 26/09/2019 passed by the LXXXII Addl. City Civil & Sessions Judge, Bengaluru in Com. O.S.No.752/2017 on I.A.No.8 and Com. O.S.No.754/2017 on I.A.No.3 (Annexure-A)
(c) Allow the I.A. No.8 in Com.O.S.752/2017 (Annexure-H) and I.A.No.3 in Com.O.S.No.754/2017 (Annexure-J)
(d) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
2. Sri.Shubham More, learned counsel appearing on behalf of Sri.Sagar Shetty, learned counsel for the petitioner submits that the petitioner filed CS.No.88/2016 before the High Court of Calcutta against the respondent seeking certain reliefs. During the pendency of the said suit, the respondent filed Com.OS.No.752/2017 and Com.OS.No.754/2017 o
Section 10 of the CPC aims to prevent simultaneous trials of parallel suits on the same matter, applicable only if the substantive issues are identical.
Section 10 of the CPC requires complete identity of subject matter for staying proceedings in concurrent suits; conflicting properties undermine the applicability of this provision.
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
The court clarified the application of Section 10 of CPC, emphasizing that only substantively identical issues warrant a stay to prevent parallel proceedings.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
The jurisdiction of civil courts and consumer forums is distinct; Section 10 of the CPC applies only when the matters in both suits are identical.
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