- 1 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO.546 OF 2018 BETWEEN: M/S. ERAKADI SYSTEMS PLOT NO. 109, 1ST PHASE, ELECTRONIC CITY, HOSUR ROAD, BANGALORE-560 100, REPRESENTED BY HIS MANAGING PARTNER, K.Y. ASHOK MURTHY, S/O K. V. MURTHY YERKADITHAYA, AGED ABOUT 61 YEARS, …PETITIONER (BY SRI S K ACHARYA, ADVOCATE) AND: LAXMI MEMORIAL EDUCATION TRUST (R) A. J. TOWERS, BALMATTA, MANGALORE-2, REPRESENTED BY ITS PRINCIPAL OFFICER AND TRUSTEE. …RESPONDENT (BY SRI MANMOHAN P N, ADVOCATE) THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, 1908 AGAINST THE ORDER DATED 27.09.2014 PASSED ON IA.No.I IN O.S.NO.149/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, REJECTING THE IA.NO.I FILED UNDER ORDER VII RULE 10 R/W SECTION 20 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri S.K. Acharya, learned counsel for the petitioner and Sri Manmohan P.N., learned counsel for respondent. 2. Defendant is the revision petitioner, challenging the order of the trial Court rejecting his application filed under Order VII Rule 10 r/w Section 20 of Code of Civil Procedure. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: 3.1. Respondent has filed a suit before the Senior Civil Judge, Mangalore in respect of the sale of ventilators and the disputes there under. 4. Defendant after entering the appearance before the trial Court filed an application under Order VII Rule 10 r/w Section 20 CPC, requesting the Court to return the plaint to the plaintiff for presentation before the proper Court. 5. The reason that was assigned by the defendant before the trial Court was that invoice for supply of the machineries dated 21.10.2008, wherein it has been mentioned as under: - 3 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 “ERKADI SYSTEMS PLOT NO.109, 1 PHASE, ELECTRONIC CITY, HOSUR ROAD, BANGALORE-560 100 KARNATAKA, INDIA Invoice No. 124 Dated 21-Oct-2008 Delivery Note Mode/Terms of Payment On delivery TEL:9180 2852 2442/3 FAX:91 80 2852 2441 E-maillogcpo@mooltech.com Supplier’s Ref. 124/ES/001/2110/08- 09 dt.21.10.2008 Other Reference(s) Sales Man: Anurag Guptha Consignee A.J.Institute of Medical Sciences Kuntikana Mangalore-575 004 Buyer’s Order No. 643/2008 Dated 14-Oct-2008 Despatch Document No. Dated Despatch through By Hand Destination Mangalore Buyer (if other than consignee) Terms of delivery A.J.Institute of Medical Sciences Kuntikana Mangalore-575 004 Description of Goods Quantity Rate Per Disc % Amount FG-VE-IV-0011 (ICU Ventilator ADVENT) Adult Advent -U S/n S/n S/n S/n S/n 5.00 Nos. 4,80,769.24 Nos 24,03,846.20 90300-00000 (Diss Air Hose Assembly) 5.00 Nos. 90300-00001 (Diss O2 Hose Assembly) 5.00 Nos. 70000-00033 (Support Arm) 5.00 Nos. 90100-00001(AC Power Cable, 220-25-V, 50Hz,2-3 Mtrs 5.00 Nos. 3 Pin, 6amp Card Set for IEC320 Power Inlet PM-OP-40-0001 (Operator Manual, Advent) 5.00 Nos. 70000-00031(Exhalation Cover) 5.00 Nos. 70000-00032(Exhalation Membrane 5.00 Nos. 70000-00053 (Flow Sensor, Adult) 5.00 Nos. - 4 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 ERKADI SYSTEMS PLOT NO.109, 1 PHASE, ELECTRONIC CITY HOSUR ROAD, BANGALORE-560 100 KARNATAKA, INDIA Invoice No. 124 Dated 21-Oct-2008 Delivery Note Mode/Terms of Payment On delivery TEL:9180 2852 2442/3 FAX:91 80 2852 2441 E-maillogcpo@mooltech.com Supplier’s Ref. 124/ES/001/2110/08- 09 dt.21.10.2008 Other Reference(s) Sales Man: Anurag Guptha Consignee A.J.Institute of Medical Sciences Kuntikana Mangalore-575 004 Buyer’s Order No. 643/2008 Dated 14-Oct-2008 Despatch Document No. Dated Despatch through By Hand Destination Mangalore Buyer (if other than consignee) Terms of delivery A.J.Institute of Medical Sciences Kuntikana Mangalore-575 004 Description of Goods Quantity Rate Per Disc % Amount 70000-00054(FLOW SENSOR, NEONATE 5.00 Nos. 70000-00034(Breathing Circuit, Adult) 5.00 Nos. 70000-00010(Breathing Circult, Neonatal) 5.00 Nos. 70000-0005 (Test Lung 1 Ltr) 5.00 Nos. 41100-00012 (AD Trolley, MS) 5.00 Nos. 4% Vat (Kst) Payable 96,153.80 Total 70 Nos. 25,00,000.00 Amount chargeable ( in words) Rs.Twenty Five Lakhs only Company’s VAT TIN 29600135482 E & O.E Company’s CST No.90361740 Buyers VAT TIN/Sales Tax No. Declaration 1. Payment on delivery. Bills not paid within 7 days of issue will carry interest @ 2% per month with monthly rests. 2) All payments should be by cheque or Draft payable to ERKADI SYSTEMS, Bangalore. For cheques/drafts drawn in banks outside Bangalore collecting charges are extra at - 5 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 0.5% minimum Rs.20/-) 3. Our responcibility ceases after materials are delivered to carriers and we are not responsible for loss, damages in transit or non-delivery goods once sold will not be taken back. For ERKADI SYSTEMS Sd/- Authorised Signatory SUBJECT TO BANGALORE HIGH COURTS JURISDICTION” 6. The trial Court rejected the said application on contest. 7. Being aggrieved by the same, defendant is before this Court. 8. Sri S.K. Acharya, learned counsel for the petitioner reiterating the grounds urged in the revision petition vehemently contented that the non-returning of the plaint for presentation before the Bengaluru Court ignoring the aforesaid endorsement on the invoice has resulted in grave miscarriage of justice and sought for allowing the revocation petition. 9. Per contra, Sri P.N. Manmohan, learned counsel for the respondent supports the impugned order. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 11. On such perusal of the material on record, it is crystal clear that the parties by volition can invest a jurisdiction in a Court which has got default jurisdiction. 12. However, it is well settled principles of law that parties cannot by volition or by contractual terms invest a jurisdiction in a Court which lacks the jurisdiction to entertain a dispute. 13. Therefore, in the case on hand, in view of the endorsement, Bengaluru High Court is not having the original jurisdiction to entertain the suit. As such, such an endorsement sought to be relied on by the defendant as is found in invoice cannot be countenanced as in law. 14. Therefore, the rejection of the application filed by the defendant by the trial Judge in the impugned order is perfectly justified and requires no interference in the revisional jurisdiction. 15. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:42099 CRP No. 546 of 2018 ORDER Revision petition is meritless and hereby dismissed. Sd/- (V SRISHANANDA) JUDGE MR