- 1 - HC-KAR CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 27252 OF 2023 (GM-CPC) BETWEEN: SAVITHA REDDY W/O BABU REDDY AGED 40 YEARS R/AT NO 39 SATISH REDDY LAYOUT D C HALLI HONGASANDRA ROAD BANGALORE 560068 …PETITIONER (BY SRI. MAHESH C M.,ADVOCATE) AND: MANISH AGARWAL S/O DEOKI NANDAN AGARWAL AGED 48 YEARS R/AT 515 S MAGNUM STREET APT 5259 DURAHAM NORTH CAROLINA 27701 UNITED STATE OF AMERICA REP BY HIS POWER OF ATTORNEY HOLDER SHANKAR MITTAL Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 S/O LATE SHUBH KARAN AGED 59 YEARS II PHASE, JP NAGAR BANGALURU 560078 …RESPONDENT ----- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16/11/2023 PASSED ON IA NO. 3 WHICH WAS FILED FOR REJECTION OF THE SUIT AS WANT OF JURISDICTION OF THE COURT AS PER SECTION 2(1)(c) (xi) OF THE COMMERCIAL COURTS ACT 2015 IN O.S. NO. 1302/2022 ON THE FILE OF THE LXXXVI ACC AND SJ BENGALURU (PRODUCED HEREWITH AS ANNEXURE-A) AND ALLOW THE SAID APPLICATIONS. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 ORAL ORDER This writ petition is filed seeking following prayers : a) Issue a writ of certiorari and quash the order dated 16.11.2023 passed on IA No.3 which was filed for rejection of the suit as want of jurisdiction of the court as per Section 2(1)(c)(xi) of the Commercial Courts Act, 2015 in O.S.No.1302/2022 on the file of the LXXXVI ACC & SJ, Bengaluru (produced herewith as Annexure"A") and allow the said applications and b) Issue such other writ, orders or directions as this Hon'ble Court deems fit in the circumstances of the case and in the interest of justice. 2. Heard Sri Mahesh C.M., learned counsel for the petitioner and Sri.Nitin Prasad, learned counsel for the respondent. 3. The petitioner-defendant filed an application in O.S.No.1302/2022 under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") seeking to reject the plaint on the ground that the Commercial Court has no jurisdiction as per Section 2(1)(c)(xi) of the Commercial Courts Act, 2015. The trial - 4 - HC-KAR CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 court under the impugned order rejected the said application. 4. Sri Nitin Prasad, learned counsel appearing for the respondent-plaintiff fairly submits that instead of standing on technicalities, they may be permitted to seek return of the plaint and represent the same before the regular Civil Court. 5. In view of the aforesaid submission, writ petition is disposed of. The Commercial Court is directed to return the plaint with all the documents to enable the respondent-plaintiff to represent them before the Civil Court. The respondent-plaintiff is granted two months time to represent the plaint before the Civil Court after return by the Commercial Court. - 5 - HC-KAR CNR: KAHC010644562023 NC: 2026:KHC:47720 WP No. 27252 of 2023 In view of the disposal of the writ petition, IA No.1/2024 is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE rs List No.: 1 Sl No.: 12