APHC010722862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 75/2026 Between: 1. BALUSU PAVAN KUMAR, S/O. LATE MALIIKARJUNA RAO, AGED 38 YEARS, HINDU, BUSINESS, R/O. SEETHAMPETA VILLAGE, DENDULURU MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. NAGA HANUMAN FEEDS, rep. by its Proprietrix Smt. Nukala Ammaji, W/o. Rama Krishna, aged years, Hindu Business, Muppavaram village, Denduluru Mandal, and having its Registered Office at Dr.No.7B-15-45, Maruthinilayam, Uppavari Veedhi, Eastern Street, Eluru District. ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to transfer the suit O.S.24/2022 on the file of Honble VIII Additional District Court-cum- Famil Court, Eluru to the Commercial Courts, at Vijayawada as per Section 2(c) and Section 3 of Commercial Courts Act r/w. section 9 and O.VII, R.10 of CPC and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in O.S.24/2022 on the file of Hon'ble VIII Additional District Court-cum-Famil Court, Eluru, pending disposal of my transfer petition and pass Counsel for the Petitioner: 1. K H V SIVA KUMAR Counsel for the Respondent: 1. The Court made the following: THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 75/2026 ORDER: The petitioner herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, “CPC”), seeking withdrawal of O.S. No.24 of 2022 from the file of the learned VIII Additional District Judge – cum - Family Court, Eluru, and transfer of the same to the Commercial Court at Vijayawada for trial and disposal. 2. The case of the petitioner, in brief, is as follows: i. The respondent herein is a manufacturer and supplier of various kinds of fish feed. The respondent filed O.S. No.24 of 2022 on the file of the learned VIII Additional District Judge – cum - Family Court, Eluru, against the petitioner for recovery of an amount of Rs.3,21,47,404/-, alleging supply of floating fish feed of 24/4 and 28/4 varieties during the periods from 14.09.2019 to 19.01.2021 and from 06.06.2021 to 09.08.2021. ii. The petitioner contended that the transactions between the parties are commercial in nature, as they pertain to the manufacture and supply of fish feed. However, the respondent instituted the suit before the learned VIII Additional District Judge – cum - Family Court, Eluru, instead of before the competent Commercial Court, contrary to the provisions of the Commercial Courts Act, 2015. iii. The petitioner further contended that, in view of Sections 2(c) and 3 of the Commercial Courts Act, read with Section 9 and Order VII Rule 10 CPC, the learned VIII Additional District Judge – cum - Family Court, Eluru, lacks jurisdiction to try O.S. No.24 of 2022, and that only the Commercial Court has jurisdiction to adjudicate the dispute. It is further pleaded that the dispute between the parties is a commercial dispute involving a specified value exceeding Rs.1,00,00,000/-, and therefore, the present petition has been filed. 3. Heard Mr. K.H.V. Siva Kumar, learned counsel for the petitioner. Though notice was served on the respondent, none entered appearance. Therefore, service is held sufficient. The material on record has been perused. 4. The material on record prima facie discloses that a report was received from the Presiding Officer of the learned VIII Additional District Judge – cum - Family Court, Eluru, wherein it was stated in detail that the suit in O.S. No.24 of 2022 involves a commercial dispute and that the Civil Court lacks jurisdiction to entertain the same. 5. Upon consideration of the said report and the averments made in the affidavit filed in support of the petition, this Court is of the considered opinion that this is a fit case for allowing the transfer civil miscellaneous petition, since the suit transaction pertains to a commercial dispute, O.S. No.24 of 2022 pending on the file of the learned VIII Additional District Judge – cum - Family Court, Eluru, is liable to be withdrawn and transferred to the file of the Commercial Court, Vijayawada. 6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed, and O.S. No.24 of 2022 pending on the file of the learned VIII Additional District Judge – cum - Family Court, Eluru, is hereby withdrawn and transferred to the file of the Commercial Court, Vijayawada. The learned VIII Additional District Judge – cum - Family Court, Eluru, shall transmit the entire case record in O.S. No.24 of 2022 to the Commercial Court, Vijayawada, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, all miscellaneous petitions, if any pending, shall stand closed. Any interim order granted earlier shall also stand vacated. _______________________________ JUSTICE V. GOPALA KRISHNA RAO 8th May, 2026 lsp