SMT SHRUTHI GOVINDARAJU v. M/S HASIRU SOLAR POWER GENERATION PVT LTD
CP/329/2024 · 2025-10-13
V Srishananda
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55561 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55561 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40285 CP No. 329 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 329 OF 2024 BETWEEN:
SMT SHRUTHI GOVINDARAJU D/O SRINIVASAIAH GOVINDARAJU AGED ABOUT 40 YEARS, DIRECTOR OF M/S ANANTESHWARA GREEN ENERGY PVT LTD, HAVING ITS REGISTERED OFFICE AT NO.222, ANANTHA, 3RD CROSS, ROOPA NAGAR BOGADI MYSORE - 570 026 …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE) AND:
1.
M/S HASIRU SOLAR POWER GENERATION PVT LTD CHIKKAMAGALURU REPRESENTED BY ITS MANAGING PARTNER, H K SATISH S/O KITTAPAGOWDA, AGED ABOUT 50 YEARS R/O 1ST CROSS, VIJAYANAGARA CHIKKAMAGALURU- 577101.
2.
L B LOKESHKUMAR S/O VEERAIAH, AGED ABOUT 55 YEARS, DIRECTOR OF M/S ANANTESHWARA Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:40285 CP No. 329 of 2024 GREEN ENERGY PVT LTD HAVING ITS REGISTERED OFFICE AT NO.222, ANANTHA, 3RD CROSS, ROOPA NAGAR, BOGADI, MYSORE - 570 026 …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ORDER THE TRANSFER OF THE CASE IN O.S. 40 OF 2023 WHICH IS PRESENTLY PENDING ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND CJM AT CHIKKAMAGALURU TO A COURT OF APPROPRIATE JURISDICTION SITUATED AT MYSURU CITY, WHICH IS PRODUCED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Heard Sri. Ajay Kadkol, learned counsel for the petitioner.
2. Present Civil petition is under Section 24 of the Code of the Civil Procedure with the following prayer:
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HC-KAR NC: 2025:KHC:40285 CP No. 329 of 2024
"Order the transfer of the case in O.S.40 of 2023 which is presently pending on the file of the II Addl. Senior Civil Judge and CJM at Chikkamagaluru to a Court of Appropriate Jurisdiction situated at Mysuru City, which is produced as Annexure - A."
3.
Facts in brief which are utmost necessary for disposal of the present petitioner as under : 3.1 A suit for recovery of money in a sum of Rs.8,52,000/- came to be filed by the respondent who is the plaintiff before Civil Judge, Senior Division at Chikkamagaluru. 3.2 The breach of contract among the parties is the reason for claiming the money and sum of Rs.6,00,000/- with 18% interest was paid in the suit as a refund of advance amount. 3.3 It is contented that no part of cause of action has arisen at Chikamagaluru as the defendants are having their office in Mysore.
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HC-KAR NC: 2025:KHC:40285 CP No. 329 of 2024 3.4 Cause of action paragraph in the plaint is at paragraph number 13 which reads as under :
"13. The cause of action for the suit has arisen on and from 13.10.2020 & 10.01.2023 and 09.02.2023 at Chikkamagaluru with in the jurisdiction of this Hon'ble Court."
4. Taking note of the fact that the defendant is the permanent resident of Chikkamagaluru and had the contract with the defendants, the suit at Chikkamagaluru is perfectly maintainable viewed from the angle of territorial jurisdiction.
5. Accordingly, the grounds urged in the Civil Protection are not sufficient to transfer the suit from Chikkamagaluru to Mysore.
6. Further, the difficulty expressed by the defendants in attending the Court at Chikkamagaluru can be quelled by permitting the defendants to engage a counsel at Chikkamagaluru and for leading the evidence, the facility of video conferencing can be availed.
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HC-KAR NC: 2025:KHC:40285 CP No. 329 of 2024
7. If any such request is made before the jurisdictional Court, learned Judge shall consider the same in accordance with law in view of the Video Conferencing Rules.
8. With that liberty, following order:
ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 34 ct:PS