- 1 - HC-KAR NC: 2025:KHC:54321 WP No. 10762 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 10762 OF 2024 (GM-CPC) BETWEEN: MR. T.P. SUNIL S/O P.K. KURUP AGED ABOUT 53 YEARS RESIDING AT NO.E-302 ROSE GARDEN APARTMENT AREKERE BANNERGHATTA ROAD BANGALORE - 560 036. …PETITIONER (BY SRI KASHYAP N. NAIK, ADV.) AND: 1. KARNATAKA STATE INDUSTRIAL AND INFRASTURCTURE DEVELOPMENT CORPORATION, HAVING ITS REGISTERED OFFICE AT KHANIJA BHAVAN NO.49, 4TH FLOOR, EAST WING RACE COURSE ROAD BANGALORE - 560 001. 2. MEP ELECTRONICS PRIVATE LIMITED HAVING ITS OFFICE AT NO.167/346/2A KUDLU ROAD BANGALORE - 560 068. 3. SRI V. NAGARAJ S/O VENKATACHALAPATHY AGED ABOUT 50 YEARS NO.327 SREENILAYA K.R. PURAM, BANGALORE - 560 036. …RESPONDENTS (BY SRI T.P. VIVEKANANDA, ADV., FOR R-1) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54321 WP No. 10762 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE IMPUGNED ORDER, DATED 25/11/2022 PASSED BY THE HONBLE XI ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE ALLOWING THE COMM. MISC. NO. 2 OF 2022 FILED BY THE R1 (ANNEXURE-A) AND IMPUGNED ORDER, DATED 21/02/2024 PASSED BY THE HONBLE XI ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE IN COMMERCIAL REVIEW PETITION NO. 1/2024 BY DISMISSING THE REVIEW PETITION FILED BY THE PETITIONER, UNDER ORDER XLVII READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 (ANNEXURE-B) AND PASS SUCH OTHER ORDERS / OR DIRECTIONS. THIS PETITION, COMING ON FOR HEARING ON MAINTAINABILITY, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is before this Court assailing the order dated 25.11.2022 passed in Comm. Misc. No.2/2022 by the Court of XI Addl. District & Sessions Judge and Commercial Court, Bengaluru Rural District, Bengaluru. 2. Learned Counsel appearing for respondent ho.1 has raised a preliminary objection with regard to maintainability of this writ petition on the ground that the order impugned which is passed on a petition filed under Section 31(1)(aa) of the State Financial Corporations Act, 1951, is appealable under Section 13 of the Commercial Courts Act, 2015, read with - 3 - HC-KAR NC: 2025:KHC:54321 WP No. 10762 of 2024 Section 32(9) of the State Financial Corporations Act, 1951. He submits that in identical circumstances, the Division Bench of this Court has held that the appeal is maintainable, and therefore, he has prayed to dismiss this writ petition. 3. Per contra, learned Counsel for the petitioner submits that in view of the proviso to Section 13(1-A) of the Commercial Courts Act, 2015, only the orders which are appealable under Order XLIII of CPC and under Order 37 of the Arbitration and Conciliation Act, 1996, can be appealed under Section 13(1-A) of the Commercial Courts Act, 2015. He refers to Section 21 of the Commercial Courts Act, 2015, and submits that the provisions of the said Act have a overriding effect over all the other enactments, and therefore, in view of the proviso to Section 13(1-A) of the Commercial Courts Act, 2015, since appeal cannot be filed against order impugned, the writ petition is maintainable. 4. In identical circumstances, this Court in Commercial Appeal No.404/2023, has held that as against the order passed by the Commercial Court in a petition filed under Section 31(1)(aa) of the State Financial Corporations Act, 1951, appeal - 4 - HC-KAR NC: 2025:KHC:54321 WP No. 10762 of 2024 is maintainable. In the said order, it is observed that the order passed under Section 31(1)(aa) of the State Financial Corporations Act, 1951, is passed by the Commercial Court in exercise of its original jurisdiction and in addition to the same remedy of appeal to the High Court is also provided under Section 32(9) of the State Financial Corporations, Act, 1951. Accordingly, it is held that appeal is maintainable against the order passed by the Commercial Court in a petition filed under Section 31(1)(aa) of the State Financial Corporations Act, 1951. 5. The judgment in the case of NATIONAL BANK OF RAS AI KHAIMAH VS MAMTA SATHEESHA KOMBASHI & OTHERS - COMAP.No.234/2024, and the judgment fo the Delhi High Court in the case of HPL (INDIA) LIMITED & ORS. VS QRG ENTERPRISES & ANR. - 2017 SCC OnLine Del 6955, are not rendered in cases which arise from an order passed by the Commercial Court on a petition filed under Section 31(1)(aa) of the State Financial Corporations Act, 1951. Therefore, the said orders cannot be made applicable to the facts and circumstances of the present case. Accordingly, writ petition is - 5 - HC-KAR NC: 2025:KHC:54321 WP No. 10762 of 2024 dismissed as not maintainable, reserving liberty to the petitioner to avail the remedy of statutory appeal as provided under the law. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK