Karnataka High Court
M/S Cms Computers Ltd vs M/S Inflow Technologies Pvt Ltd on 5 July, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.13226 OF 2022 (GM-CPC)
BETWEEN:
M/S. CMS COMPUTERS LTD
CMS LAKE ROAD CENTRE
NO.70, LAKE ROAD
KAYCEE INDUSTRIAL COMPOUND
BHANDUP (WEST), MUMBAI-400 078
R/BY ITS CEO
ANIL MENON ACHAZHIYATHU
...PETITIONER
(BY SRI.HALLUR SHIVAYOGI BASAVARAJ, ADVOCATE)
AND:
M/S. INFLOW TECHNOLOGIES PVT. LTD.
INFLOW HOUSE, NOS.33 AND 34
INDIRA NAGAR 1ST STAGE
OFF 100 FEET ROAD, BENGALURU-560 038
REP BY ITS AUTHORISED SIGNATORY
MR RAMESHWAR SITARAM JAJU
...RESPONDENT
2
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE
ORDER DTD 30.03.2022 VIDE ANNEXURE-A, PASSED BY THE
COURT OF LEARNED ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU (COMMERCIAL COURT) IN COM.O.S.NO.268
OF 2020 WHEREBY THE LD. JUDGE ARBITRARILY DISMISSED THE
I.A. FILED BY THE PETITIONER/DEFENDANT NO.1 UNDER ORDER
VII RULE 11 OF CPC PRIMA FACIE CONTRARY TO THE FACTS OF
THE CASE AND THE SETTLED PRINCIPLES IN LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed against an order passed on application seeking rejection of plaint. The said application is rejected.
2. The order under challenge is revisable under Section 115 of CPC. Therefore, office objection is upheld. The writ petition is dismissed as not maintainable reserving liberty to the petitioner to avail remedy of revision.
3. In the event, Civil Revision Petition is filed within a period of four weeks, the petitioner is entitled for the benefit under Section 14 of Limitation Act. 3
Office is directed to return certified copies after securing photocopy.
Sd/-
JUDGE CA