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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23517 OF 2022 C/W WRIT PETITION NOS. 23530 OF 2022, 2794 OF 2023 AND
2823 OF 2023(GM-CPC)
IN W.P. No. 23517/2022 BETWEEN:
1. TRINETRAMILAN PRODUCT PROTECTION SOLUTIONS PRIVATE LIMITED A COMPANY HAVING ITS REGISTERED OFFICE AT 7A/F-5, KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067.
2. R MADHUSUDHANA REDDY Digitally signed by CHANDANA S/O LATE V RANGA REDDY B M AGED 53 YEARS Location: High DIRECTOR Court of Karnataka 3. VIJAYA KUMARI W/O SANTOSH KUMAR K.P MANAGING DIRECTOR AGED ABOUT 50 YEARS.
4. SANTOSH KUMAR K P S/O P V BALAN NAMBIAR AGED ABOUT 51 YEARS.
2 TO 4 HAVING OFFICE AT
7A/4-5, KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067.
…PETITIONERS (BY SRI AMDHUSUDHA REDDY, ADV., FOR SMT. ANUSHA R, ADV.)
AND:
TARA NARAYANAN W/O A.S. NARAYANAN AGED ABOUT 53 YEARS HAVING OFFICE AT
7A/4-5, KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067 …RESPONDENT (BY SMT. REVATHI ADINATHA NARDE, ADV.)
THIS WP IS FILEDUNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO CALL FOR RECORDS IN COM.OS.NO.337 OF 2022 (EARLIER CASE NO.O.S.NO.1398/2020) PENDING BEFORE X ADDITIONAL DISTRICT AND SESSION JUDGE,(COMMERCIAL COURT) BENGALURU RURAL DISTRICT.
IN W.P.NO.23530/2022:
BETWEEN:
1. TRINETRAMILAN PRODUCT PROTECTION SOLUTIONS PRIVATE LIMITED A COMPANY HAVING ITS REGISTERED OFFICE AT 7A/F-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067.
2. R. MADHUSUDHANA REDDY S/O LATE V RANGA REDDY AGED 53 YEARS DIRECTOR HAVING OFFICE AT
7A/4-5, KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU - 560 067.
3. VIJAYA KUMARI W/O SANTOSH KUMAR K.P MANAGING DIRECTOR 50 YEARS.
4. SANTOSH KUMAR K P S/O P V BALAN NAMBIAR AGED 51 YEARS.
O2 TO 4 HAVING OFFICE AT
7A/4-5, KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067.
…PETITIONERS (BY SRI MADHUSUDHAN REDDY, ADV., FOR SMT. ANUSHA R, ADV.)
AND:
A.S. NARAYANAN S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 59 YEARS HAVING OFFICE AT 7A/4-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU 560 067.
…RESPONDENT (BY SMT. REVATHI ADINATHA NARDE, ADV.)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 07.10.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, BENGALURU ALLOWING IA NO.1 FILED BY RESPONDENT UNDER SECTION 15 OF THE COMMERCIAL COURTS ACT R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE SEEKING TRANSFER OF OS NO.1397/2020 TO THE COMMERCIAL COURT VIDE ANNX-A.
IN W.P. 2794/2023:
BETWEEN:
1. TRINETRAMILAN PRODUCT PROTECTION SOLUTIONS PRIVATE LIMITED A COMPANY HAVING ITS REGISTERED OFFICE AT 7A/4-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU - 560 067.
2. R MADHUSUDHANA REDDY S/O LATE V RANGA REDDY AGED ABOUT 53 YEARS DIRECTOR.
3. VIJAYA KUMARI W/O SANTOSH KUMAR K P AGED ABOUT 50 YEARS MANAGING DIRECTOR.
4. SANTOSH KUMAR K P @ SANTHOSH S/O P V BALAN NAMBIAR AGED ABOUT 51 YEARS
2 TO 4 HAVING OFFICE AT 7A/4-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU-560067.
…PETITIONERS (BY SRI MADHUSUDHAN REDDY, ADV., FOR SMT. ANUSHA R, ADV.)
AND:
A.S. NARAYANAN S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 59 YEARS R/A PURVA MIDTOWN FCI GODOWN ROAD DOORAVANI NAGAR BENGALURU - 560 016.
HAVING OFFICE AT UNNATI SKILL CENTRE NO.1, TEMPLE ROAD NGEF EAST, SADANANDA NAGAR BENNINGANAHALLI BENGALURU-560 038.
…RESPONDENT (BY SMT. REVATHI ADINATHA NARDE, ADV.)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 30.11.2022 PASSED BY THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.VI FILED BY PETITIONERS UNDER ORDER VII RULE 11 OF THE CODE OF CIVIL PROCEDURE SEEKING REJECTION OF PLAINT VIDE ANNX-A.
IN W.P.NO.2823/2023:
BETWEEN:
1. TRINETRAMILAN PRODUCT PROTECTION SOLUTIONS PRIVATE LIMITED A COMPANY HAVING ITS REGISTERED OFFICE AT 7A/4-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU - 560 067.
2. R MADHUSUDHANA REDDY S/O LATE V RANGA REDDY AGED ABOUT 53 YEARS DIRECTOR.
3. VIJAYA KUMARI W/O SANTOSH KUMAR K P AGED ABOUT 50 YEARS MANAGING DIRECTOR.
4. SANTOSH KUMAR K P @ SANTHOSH S/O P V BALAN NAMBIAR AGED ABOUT 51 YEARS
2 TO 4 HAVING OFFICE AT 7A/4-5 KADUGODI INDUSTRIAL AREA NEAR MOLEX INDIA LIMITED BENGALURU-560067.
…PETITIONERS (BY SRI MADHUSUDHAN REDDY, ADV., FOR SMT. ANUSHA R, ADV.)
AND:
TARA NARAYANAN A.S. NARAYANAN AGED ABOUT 55 YEARS R/A PURVA MIDTOWN FCI GODOWN ROAD DOORAVANI NAGAR BENGALURU - 560 016.
HAVING OFFICE AT UNNATI SKILL CENTRE NO.1, TEMPLE ROAD NGEF EAST, SADANANDA NAGAR BENNINGANAHALLI BENGALURU-560 038.
…RESPONDENT (BY SMT. REVATHI ADINATHA NARDE, ADV.)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 30.11.2022 PASSED BY THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.VI FILED BY PETITIONERS UNDER ORDER VII RULE 11 OF THE CODE OF CIVIL PROCEDURE SEEKING REJECTION OF PLAINT VIDE ANNX-A.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
All these petitions arise out of two suits in Com.O.S.No.1397/2020 and Com.O.S.No.1398/2020 respectively, which are presently pending on the file of II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru (Commercial Court).
2. Heard the learned counsel for the parties and perused the material on record.
3. The material on record discloses that respondent-
plaintiff instituted two suits in Com.O.S.No.1397/2020 and Com.O.S.No.1398/2020 against the petitioners who are the defendants in both the suits for ejectment and other reliefs in relation to suit schedule immovable properties. It is an undisputed fact that both the suits instituted on 08.12.2020 are pending before the II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru. The plaintiff in Com.O.S.No.1397/2020 is Mr. Narayan while the plaintiff in Com.O.S.No.1398/2020 is Mrs. Thara Narayan, who is his wife. It is relevant to state that the petitioners are defendants in both the suits.
4. During pendency of the suits, the plaintiff filed applications under Section 15 of the Commercial Courts Act, 2015 (for short, the 'Act') seeking transfer of both the suits to designated commercial Court in view of the fact that the dispute between the parties was commercial dispute within the meaning of Section 2(1)(c)(vii) r/w the Explanation appended to the said provision. The said applications were opposed by the petitioners-defendants, who contended that the dispute between the parties was not a commercial dispute and consequently the suits could not be transferred to designated Commercial Court but had to continue before the Senior Civil Judge, Bengaluru Rural District, Bengaluru. It was also contended that applications ought to have been filed by the respondent before the Principal Senior Civil Judge, Bengaluru Rural District and not before the II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru and as such the applications were liable to be rejected.
5. After hearing the parties, the Trial Court allowed the said applications directing transfer of the suits to the designated Commercial Court, Bengaluru Rural District, Bengaluru by holding as under:
"Order on IA filed "U/s 15 of Commercial Courts" Act.
The stage of the suit; The plaintiff's evidence;
2. The suit reliefs: (Eviction and for recovery of arrears of rent)
a) Direct the defendants to quit and deliver the vacant possession of the suit schedule property to the plaintiff herein.
b) Direct the defendant to pay the plaintiff and balance rents and electricity charges or any other charges pending from the defendants to an extent of Rs. 12,60,000/- along with a reasonable interest at the discretion of this Hon'ble court, and future mesne profits at the rate of Rs.1,40,000/- p.m., from the date of the suit till the date of delivery of vacant possession of the suit schedule property by the defendants to the plaintiff for the use and occupation of the schedule property as an unauthorised occupant / trespasser as contemplated under Order 20 Rule 12 of C.P.C.
c) Direct the defendants herein to pay the plaintiff damages for unnecessary harassment caused to her, as per the decision of this Hon'ble court.
d) Direct the defendants to pay the plaintiff the costs of this suit and grant such other relief or reliefs as this Hon'ble court deems fit to grant in the circumstances of the case.
3. THE SUIT SCHEDULE Property bearing 7A/4, KIADB, Kadugodi Industrial Area Near Molex India Ltd., Bengaluru 560 067 measuring 6600 sq. ft (Ground Floor 4850 Sq.ft and First Floor 1775 sq.ft) and road for the common use of both the plaintiff and defendants, the land and the industrial shed bearing demarcated in the plan.
4. The plaintiff files an IA, IA filed U/s 15 of Commercial Courts" Act seeking transmit the file to commercial court in view of suit is for eviction from commercial building and also recovery of money.
5. The 2nd defendant files statement of objections IA by contending that application is not to maintainable as Sec.
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