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2026:APHC:21209

APHC010722862025

IN THE HIGH COURT OF ANDHRA

PRADESH

[3397]

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE EIGHTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE VENUTHURUMALLI

GOPALA KRISHNA RAO

TRANS. CIVIL MISC.PETITION NO: 75/2026

Between:

1. B ALUSU PAVAN KUMAR, S/O. LATE MALIIKARJUNA

RAO, AGED 38 YEARS, HINDU, BUSINESS, R/O.

SEETHAMPETA VILLAGE, DENDULURU MANDAL,

ELURU DISTRICT.

...PETITIONER

AND

1. N AGA HANUMAN FEEDS, rep. by its Proprietrix Smt.

Nukala Ammaji, W/o. Rama Krishna, aged years, Hindu

Business, Muppavaram village, Denduluru Mandal, and

having its Registered Office at Dr.No.7B-15-45,

Maruthinilayam, Uppavari Veedhi, Eastern Street, Eluru

District.

...RESPONDENT

Petition Under Section 24 of the C.P.C. Praying that in the

circumstances stated in the affidavit filed therewith,the High Court

may be pleased topleased to transfer the suit O.S.24/2022 on

the file of Honble VIII Additional District Court-cum- Famil Court,

Eluru to the Commercial Courts, at Vijayawada as per Section

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2026:APHC:21209

2(c) and Section 3 of Commercial Courts Act r/w. section 9 and

O.VII, R.10 of CPC and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the

circumstances stated in the affidavit filed in support of the

petition, the High Court may be pleased pleased to grant stay of

all further proceedings in O.S.24/2022 on the file of Hon'ble VIII

Additional District Court-cum-Famil Court, Eluru, pending

disposal of my transfer petition and pass

Counsel for the Petitioner:

1. K H V SIVA KUMAR

Counsel for the Respondent:

1.

The Court made the following:

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2026:APHC:21209

THE HONOURABLE SRI JUSTICE VENUTHURUMALLI

GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION NO: 75/2026

ORDER:

The petitioner herein filed the present petition under

Section 24 of the Code of Civil Procedure, 1908 (for short,

“CPC”), seeking withdrawal of O.S. No.24 of 2022 from the file of

the learned VIII Additional District Judge – cum - Family Court,

Eluru, and transfer of the same to the Commercial Court at

Vijayawada for trial and disposal.

2. The case of the petitioner, in brief, is as follows:

i. The respondent herein is a manufacturer and

supplier of various kinds of fish feed. The respondent filed

O.S. No.24 of 2022 on the file of the learned VIII Additional

District Judge – cum - Family Court, Eluru, against the petitioner

for recovery of an amount of Rs.3,21,47,404/-, alleging supply of

floating fish feed of 24/4 and 28/4 varieties during the periods

from 14.09.2019 to 19.01.2021 and from 06.06.2021 to

09.08.2021.

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2026:APHC:21209

ii. The petitioner contended that the transactions

between the parties are commercial in nature, as they pertain to

the manufacture and supply of fish feed. However, the

respondent instituted the suit before the learned VIII Additional

District Judge – cum - Family Court, Eluru, instead of before the

competent Commercial Court, contrary to the provisions of the

Commercial Courts Act, 2015.

iii. The petitioner further contended that, in view of

Sections 2(c) and 3 of the Commercial Courts Act, read with

Section 9 and Order VII Rule 10 CPC, the learned VIII Additional

District Judge – cum - Family Court, Eluru, lacks jurisdiction to try

O.S. No.24 of 2022, and that only the Commercial Court has

jurisdiction to adjudicate the dispute. It is further pleaded that the

dispute between the parties is a commercial dispute involving a

specified value exceeding Rs.1,00,00,000/-, and therefore, the

present petition has been filed.

3. Heard Mr. K.H.V. Siva Kumar, learned counsel for the

petitioner. Though notice was served on the respondent, none

entered appearance. Therefore, service is held sufficient. The

material on record has been perused.

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2026:APHC:21209

4. The material on record prima facie discloses that a report

was received from the Presiding Officer of the learned VIII

Additional District Judge – cum - Family Court, Eluru, wherein it

was stated in detail that the suit in O.S. No.24 of 2022 involves

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