Sri. M. Lokesh v. Mr. Rajshekar

NC:(2026:KHC:13999( WP(No.(6669(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(9 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(6669(OF(2026((GM-CPC)( ( BETWEEN:((

( SRI.,M.,LOKESH, S/O,MUNIYAPPA, AGE,ABOUT,,53,YEARS, R/AT,GANGAVARA,CHOWDAPPANAHALLI,VILLAGE, CHANNARAYAPATNA,,HOBLI, DEVANAHALLI,TALUK, BENGALURU,RURAL,DISTRICT,,-,562129, …PETITIONER, (BY,SRI.,MADHUKAR,M,D.,,ADVOCATE),

AND:(

(

MR.,RAJSHEKAR, S/O,LATE,B.G.,CHANDRASHEKAR, AGED,ABOUT,42,,YEARS,Digitallytisigned by PROPRIETOR,OF,M/S,PURVA,CITY,GROUP,&,PROPERTIES, DHANALAKSHMI MURTHY OFFICE,AT,NO,,255,,4TH,FLOOR, Location:0HIGH VIJAYALAKSHMI,BUGGI,SADAN,COURTOF KARNATAKA GANGANAGAR,BENGALURU-560032, …RESPONDENT, (BY,SRI.,NATARAJ,BALLAL.,,ADVOCATE,FOR,, SSRI.,ARIKESARI,K.K.,,ADVOCATE,FOR,C/RESPONDENT), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,227,OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT,OF, CERTIORARI,OR,ANY,OTHER,APPROPRIATE,WRIT,,ORDER,,OR, DIRECTION, QUASHING, THE, ORDER, DATED:, 10.02.2026, PASSED,ON,IA,NO.,1,IN,COM.O.S.,NO.,286/2025,(ANNEXURE-

A) BY THE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the petitioner-defendant has called in question the order dated 10.02.2026 passed by the LXXXIX Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.1 filed by the defendant under Order VII Rule 10 of CPC and Section 16 of CPC read with Section 2(1)(c)(vii) and 6 of Commercial Courts Act, 2015 in Com.O.S.No.286/2025.

¶2For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in the Original Suit.

¶3The plaintiff filed a suit in Com.O.S.No.286/2025 before the Trial Court to pass judgment and decree directing the defendant: (a) to pay the amount of

Rs.6,74,54,000/- with interest thereon at the rate of 24% from 11.02.2022 till realization, to the plaintiff; (b) to grant any such other reliefs as this Hon'ble Court deems fit to grant in favour of the plaintiff as against the defendant;

(c) for court costs and expenditures. After service of suit summons, the defendant appeared and filed written statement. Along with the written statement, the defendant filed I.A.No.1 under Order VII Rule 10 of CPC seeking for return of plaint. The Trial Court, by impugned order dated 10.02.2026, has dismissed the application. Aggrieved by the impugned order dated 10.02.2026 passed by the Trial Court, the present writ petition is filed.

¶4Learned counsel appearing for the petitioner-defendant submits that the present dispute is not a commercial dispute and it has to be tried as a regular suit.

¶5Learned counsel appearing for the respondent– plaintiff submits that though Section 2(1)(c)(vi) of the Commercial Courts Act, 2015 may not be applicable, the

dispute would fall within the ambit of Sections 2(1)(c)(vii) and 2(1)(c)(xviii) of the said Act.

¶6Heard the learned counsel for the parties. Perused the writ papers.

¶7The Trial Court has rejected the application, namely I.A. No.1, only on the ground that the dispute in the suit is a commercial dispute under Section 2(1)(c)(vi) of the Act. The Trial Court has not considered whether the dispute would fall within the ambit of Sections 2(1)(c)(vii) or 2(1)(c)(xviii) of the Act. There is no finding recorded on that aspect. Therefore, the matter requires to be remitted back to the Trial Court for reconsideration of the application in accordance with law.

¶8Accordingly, the following order is passed: ORDER a) The writ petition is allowed.

b) The impugned order dated 10.02.2026 passed by the LXXXIX Addl. City Civil & Sessions Judge, Bengaluru, on I.A. No.1 in Com.O.S. No.286/2025 is set aside. c) The matter is remitted back to the Trial Court for reconsideration of the said application in accordance with law. d) All the contentions of the parties are left open.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 13