- 1 - HC-KAR NC: 2025:KHC:25464-DB COMAP No. 1 of 2020 C/W COMAP No. 2 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL No. 1 OF 2020 (IPR) C/W COMMERCIAL APPEAL No. 2 OF 2020 (IPR) IN COMAP No. 1/2020 BETWEEN: 1. M/S. S. H. BIRI FACTORY, OFFICE AT P.O RAJPUR, TEGHORI VILL, MAHADARPARA, P. S. RAGHUNATHGANJ, DISTRICT MUSRHIDABAD, WEST BENGAL. RPERESENTED BY ITS AUTHORISED SIGNATORY, SRI BABUMANISARWAR. …APPELLANT (BY SRI SIDDARTH S.P., ADVOCATE FOR SRI YESHU BABA R. MISHRA, ADVOCATE) AND: 1. M/S. ANUP KUMAR BISWAS, VILLAGE KUTHIBARI, P.O.SINDRANI, DISTRICT24-(PARAGANAS), WEST BENGAL, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25464-DB COMAP No. 1 of 2020 C/W COMAP No. 2 of 2020 REPRESENTED BY ITS PROPRIETOR SRI ANUP KUMAR BISWAS. …RESPONDENT (BY SRI. S. K. MITHUN, ADVOCATE FOR C/R) THIS COMMERCIAL APPEAL FILED UNDER SECTION 13(1)A OF COMMERCIALS COURT ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.06.2019 PASSED ON I.A. No.1 FILED BY THE PLAINTIFF/RESPONDENT IN COM.O.S. No.100/2019 BY THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-84). IN COMAP No.2/2020 BETWEEN: 1. M/S. S. H. BIRI FACTORY, OFFICE AT P.O RAJPUR, TEGHORI VILL, MAHADARPARA, P. S. RAGHUNATHGANJ, DISTRICT MUSRHIDABAD, WEST BENGAL. RPERESENTED BY ITS AUTHORISED SIGNATORY, SRI BABUMANISARWAR. …APPELLANT (BY SRI SIDDARTH S.P., ADVOCATE FOR SRI YESHU BABA R. MISHRA, ADVOCATE) AND: 1. M/S. ANUP KUMAR BISWAS, VILLAGE KUTHIBARI, P.O.SINDRANI, DISTRICT24-(PARAGANAS), WEST BENGAL, REPRESENTED BY ITS PROPRIETOR SRI ANUP KUMAR BISWAS. …RESPONDENT (BY SRI. S. K. MITHUN, ADVOCATE FOR C/R) - 3 - HC-KAR NC: 2025:KHC:25464-DB COMAP No. 1 of 2020 C/W COMAP No. 2 of 2020 THIS COMMERCIAL APPEAL FILED UNDER SECTION 13(1)A OF COMMERCIALS COURT ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.06.2019 PASSED ON I.A. No.2 FILED BY THE APPELLANT/DEFENDANT IN COM.O.S. No.100/2019 BY THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-84). THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant submits that a transfer petition has been filed before the Hon'ble Apex Court by the respondent herein and that by order dated 08.08.2022, the Hon'ble Apex Court has directed Com.O.S. No.100/2019 filed before the Commercial Court at Bengaluru be transferred to the District and Sessions Court at Murshidabad, West Bengal, along with O.S.No.794/2019. 2. The present appeals arise from I.As No.1 and 2 in Com.O.S No.100/2019. - 4 - HC-KAR NC: 2025:KHC:25464-DB COMAP No. 1 of 2020 C/W COMAP No. 2 of 2020 3. In the above view of the matter, the present appeals are dismissed. In terms of the order of the Hon'ble Apex Court, the suits which stand transferred to Murshidabad, West Bengal, will be considered and disposed of, in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE MV, List No.: 1 Sl No.: 3