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HIGH COURT OF KARNATAKA
B M SHYAM PRASAD, J
DHEE EDUCATIONAL AND CULTURAL TRUST – Appellant
Versus
M/S HARTANA PROJECTS LLP – Respondent
| Table of Content |
|---|
| 1. basic facts of the case with parties' details. (Para 1 , 2 , 5 , 6) |
| 2. jurisdiction of the commercial court based on nature of the dispute. (Para 3 , 4) |
| 3. respondent's arguments regarding commercial nature of transactions. (Para 10 , 11) |
| 4. dispute over rental payment terms and amounts. (Para 12 , 13 , 14) |
| 5. arguments regarding interpretations of the commercial courts act. (Para 16 , 18 , 19) |
| 6. discussion of statutory interpretations and precedents. (Para 21 , 22) |
| 7. court’s reasoning and final decision on jurisdiction question. (Para 25 , 26 , 27 , 28) |
| 8. final order allowing petition and returning plaint. (Para 29) |
ORDER
The petitioners are the defendants in Commercial O.S. No. 814/2022 on the file of the LXXXV Additional City Civil and Sessions Judge, Bengaluru – a designated Commercial Court under the provisions of the Commercial Courts Act, 2015 [for short, ‘the Commercial Court]. The petitioners have impugned the Commercial Court’s order dated 30.07.2022, and the Commercial Court by this order has rejected the petitioners’ application under Order VII Rule 10 of the Code of Civil Procedure [for short, ‘the CPC’].
2. The respondent’s suit in Commercial O.S. No.814
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