- 1 - NC: 2025:KHC:363 WP No. 33197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33197 OF 2024 (GM-CPC) BETWEEN: SRI SYED SADAKATH PASHA S/O. MR. SYED HABEEB AGED ABOUT 52 YEARS R/AT NO.36/37, SITE NO.16/2 1ST FLOOR, 3RD CROSS, 22ND MAIN ROAD VINAYAKANAGAR, HANUMANTHIAH LAYOUT J.P.NAGAR 5TH PHASE, BENGALURU-560078. .. PETITIONER (BY SRI. PRADEEP H S.,ADVOCATE) AND: SRI H S RAGHAVENDRA S/O. H.V.SHANKAR AGED ABOUT 47 YEARS MANAGING PARTNER SHREE RAGHAVENDRA ENTERPRISES (REGD) NO.54, GIRIJA TOWERS, 3RD FLOOR PALACE GUTTAHALLI MAIN ROAD MALLESHWARAM, BENGALURU-560003. …RESPONDENT (BY SRI. DORAI BABU S, ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:363 WP No. 33197 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 23.11.2024 IN COM.O.S.NO. 665/2024 (VIDE ANNEXURE-A) ON I.A.NO. 3/2024 FILED UNDER ORDER VII RULE 11 (D) OF CPC R/W SECTION 2(C) OF THE COMMERCIAL COURTS ACT, ON THE FILE OF THE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-85) COMMERCIAL COURT AT BENGALURU CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE DEFENDANT UNDER ORDER VII RULE 11(D) OF CPC R/W SECTION 2 (C) OF THE COMMERCIAL COURTS ACT (VIDE ANNX-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 23.11.2024 passed by the LXXXIV Additional City Civil and Sessions Judge on IA No.3 filed under Order VII Rule 11(d) of CPC in Com. O.S.No.665/2024, whereby the said application has been rejected. 2. The plaintiff has filed a suit for recovery of money in the Commercial Court. The defendant has filed an application – IA No.3 under Order VII Rule 11(d) of CPC - 3 - NC: 2025:KHC:363 WP No. 33197 of 2024 on the ground that since the transaction involved in the suit is not a commercial transaction and it is not a commercial dispute as defined under Section 2(1)(c) of the Commercial Courts Act, the suit is not maintainable. The trial court has not given proper reasons to reject the application filed by the petitioner/defendant and holding that the suit is maintainable. Under the circumstances, the writ petition requires to be allowed. 3. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 23.11.2024 passed on IA No.3 in O.S.No.665/2024 by the LXXXIV Additional City Civil & Sessions Judge, Bengaluru is set aside. (iii) The matter is remitted back to the trial court to re-consider the application – IA No.3 filed by the petitioner/defendant under Order VII Rule 1(d) of CPC, in - 4 - NC: 2025:KHC:363 WP No. 33197 of 2024 accordance with law, after giving opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 67