HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR CIVIL MISCELLANEOUS APPEAL NO.26 OF 2026 DATE: 27.01.2026 Between Lead IT Corporation, Represented by its Shareholder, Rajani Talluri.

…Appellant And M/s. Lead IT India Private Limited, Represented by its Authorized Signatory, Ram Prasad T and another …Respondents Mr. Vedula Venkata Ramana, learned Senior Counsel appearing for the appellant.

JUDGMENT: (Per Hon’ble Justice Moushumi Bhattacharya)

1. The Civil Miscellaneous Appeal arises out of a docket order dated 05.01.2026 in O.S.S.R.No.14862 of 2025 passed by the VI Additional District and Sessions Judge, Kukatpally, Ranga Reddy District, returning the plaint in a Suit filed by the appellant herein under section 26 and Order VII Rule 1 of The Code of Civil Procedure, 1908 for declaration and perpetual injunction. The reason given by the learned Trial Court for returning the plaint is that the suit challenging the Arbitration Award is not maintainable.

2. There is a fundamental difference between a suit, which is not maintainable and a plaint in a suit, which ought to be returned for filing before the proper forum. In the present case, the learned Trial Court appears to have lost sight of this distinction and returned the plaint despite holding that the Suit itself was not maintainable. In any event, the issue of maintainability of the Suit, however misconceived it may be, is for the defendant to take and use as a plea for dismissal of the Suit. The learned Trial Court appears to have taken it upon itself to make that decision. The learned Trial Court, after hearing learned counsel for the appellant, proceeded to dismiss the Suit without contest. The impugned docket order reflects that the plaint in the Suit was returned at the S.R stage/Un-registered stage.

3. Accordingly, the impugned order dated 05.01.2026, is set aside for the reasons stated above and the Trial Court is directed to number the Suit and proceed to hear the issue of maintainability of the Suit on contest of the parties.

4. C.M.A.No.26 of 2026, along with all connected applications, is accordingly allowed and disposed of. There shall be no order as to costs.

_________________________________ MOUSHUMI BHATTACHARYA, J ____________________________ GADI PRAVEEN KUMAR, J Date: 27.01.2026 prat THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR CIVIL MISCELLANEOUS APPEAL NO.26 OF 2026 DATE: 27.01.2026 prat