- 1 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5178 OF 2024 (GM-CPC) BETWEEN: SMT RADHA W/O LATE RAMESH, AGED ABOUT 54 YEARS, R/AT NO.8/163, MATHRU NILAYA, MANJUNATH LAYOUT, WARD NO.8, ANEKAL, BENGALURU- 562 016. …PETITIONER (BY SRI. PRADEEP H S., ADVOCATE) AND: M/S TANUJA COMFORTS BAN AND RESTAURANT, REP BY ITS PROPRIETOR, MR.M.R. ANIL KUMAR, NO.8 AND 9, SCOUT CAMP ROAD, KEMPEGOWDA NAGAR, MUTTURU 6TH DIVISION, 3RD WARD, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT-561203 …RESPONDENT (BY SRI. JAGADEESHA.P.R, FOR SRI. J PRASHANTH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.12.23 IN O.S.NO. 228/2020 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT DODDABALLAPUR VIDE ANNEXURE-A., AND ETC. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiff is before this Court under Article 227 of the Constitution of India with a prayer to set aside the order dated 12.12.2023 passed on the application filed under Section 15 of the Commercial Courts Act, 2015 read with Section 151 of CPC in O.S.No.228/2020 by the Court of Additional Senior Civil Judge and JMFC at Doddaballapura. 2. Heard the learned counsel for the parties. 3. Petitioner herein has filed O.S.No.228/2020 before the Court of Additional Senior Civil Judge and JMFC at Doddaballapura against the respondent herein seeking judgment and decree of ejectment, directing the respondent / defendant to vacate and hand over physical vacant possession of the suit schedule property to the plaintiff and also to pay future damages at the rate of Rs.75,000/- per month from the date of suit till the date - 3 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 the defendant hands over the vacant possession of the suit schedule property to the plaintiff. The said suit was opposed by the defendant by filing objection and an objection with regard to jurisdiction to try the said suit has also been taken in the written statement. Thereafter, an application under Section 15 of the Commercial Courts Act, 2015 read with Section 151 of CPC was filed by the plaintiff before the Trial Court to transfer O.S.No.228/2020 to the Jurisdictional Commercial Court at Bangalore. The said application was opposed by the defendant by filing objections. The Trial Court vide the order impugned has rejected the said application and therefore, plaintiff is before this Court. 4. Perusal of the plaint averments found in plaint would reveal that plaintiff who is the absolute owner of the suit schedule property has leased the said property under a lease agreement dated 11.01.2013 on a monthly rent of Rs.22,000/- to the defendant for the purpose of running a business in the name and style of M/s Tanuja Comforts. - 4 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 The defendant, who has taken the suit schedule property on lease, has been running a bar and restaurant in the said premises. According to the plaintiff, defendant is a chronic defaulter in payment of rent and it is under these circumstances, the suit for ejectment was filed against the defendant before the Court of Additional Senior Civil Judge and JMFC at Doddaballapura. In the written statement filed opposing the suit claim, an objection has been raised with regard to the jurisdiction of the Court. 5. Thereafter, application under Section 15 of the Commercial Courts Act, 2015 read with Section 151 of CPC is filed by the plaintiff to transfer O.S.No.228/2020 to the Jurisdictional Commercial Court at Bangalore. Section 2(c) of the Commercial Courts Act, 2015 defines 'commercial dispute' and 2(c)(vii) provides that 'a dispute arising out of an agreement relating to immovable property used exclusively in trade or commerce shall be considered as a commercial dispute'. In the explanation, to Section 2(c) it is stated that 'a commercial dispute shall not cease to be a - 5 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 commercial dispute merely because it also involves action for recovery of immovable property or for realization of monies out of the immovable property given as security or involves any other relief pertaining to the immovable property. In the case on hand, the immovable property has been leased to the defendant for commercial purpose and undisputedly he has been carrying the business of bar and restaurant in the suit schedule property. If a dispute falls within any of the clauses found in Section 2(c) of the Commercial Courts Act, 2015, the dispute can be said to be a commercial dispute, for which the Commercial Court alone can have jurisdiction. The Trial Court having failed to appreciate this aspect of the matter has erred in rejecting the application filed by the petitioner. Therefore, the said order cannot be sustained. Accordingly, the following: ORDER (i) The writ Petition is allowed. (ii) The impugned order dated 12.12.2023 passed on the application filed by the petitioner - 6 - HC-KAR NC: 2025:KHC:43878 WP No. 5178 of 2024 under Section 15 of the Commercial Court Act, 2015 read with Section 151 of CPC in O.S.No.228/2020 by the Court of Additional Senior Civil Judge and JMFC at Doddaballapura is set aside and consequently the prayer made in the said application is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 8