- 1 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23700 OF 2023 (GM-CPC) BETWEEN: 1. M/S EXCEL TECH A PARTNERSHIP FIRM SITUATED AT NO.123/1, PLOT NO.28, KANCHANAYAKANAHALLI, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 099 REPRESENTED BY ITS MANAGING PARTNER SRI. RAVIKUMAR RAJENDRAPRASAD, AGED ABOUT 47 YEARS, R/AT A 602, CONFIDENT AQUILA, YAMERE VILLAGE, SARJAPURA ROAD, BENGALURU – 562 125. 2. SRI. RAVIKUMAR RAJENDRAPRASAD AGED ABOUT 47 YEARS, R/AT A602, CONFIDENT AQULLA, YAMERE VILLAGE, SARJAPURA ROAD, BENGALURU – 562 125. 3. DR. AMRUTHA DEVI RAVIKUMAR W/O RAVIKUMAR RAJENDRAPRASAD, AGED ABOUT 46 YEARS, R/AT A 602, CONFIDENT AQUILLA, YAMERE VILLAGE, SARJAPURA ROAD, BENGALURU – 562 125 …PETITIONERS (BY SRI. RAVI KUMAR RAJENDRA PRASAD, PETITIONER, PARTY IN PERSON) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 AND: 1. M/S BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED COMPANY, REGISTERED UNDER THE COMPANIES ACT, 2013, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 REPRESENTED BY ITS CTO, MR. PAULDURAI SHANMUGHAM, ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 2. MR. PAULDURAI SHANMUGHAM S/O SHANMUGHAM, CTO, BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 R/AT NO.405, B BLOCK, ND PASSION APTS., HARALUR ROAD, KUDLU VILLAGE, BENGALURU – 560 068 3. MR. GIRIMAJI SATHYANARAYANA RAO RAVI S/O GIRIMAJI VENKAT RAO, MANAGING DIRECTOR, BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 - 3 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 R/AT NO.1629, 31ST CROSS, 18TH MAIN, MANJUNATHA TEMPLE, BSK 2ND STAGE, BENGALURU – 560 070 4. MR. SHANKAR SURYANARAYAN S/O T. SURYANARAYAN, CEO, BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 R/AT NO.319, 6TH MAIN, 3RD CROSS, NGEF LAYOUT, SADANANDA NAGAR, BSK 2ND STAGE, BENGALURU – 560 038 5. MR D. N. PRAHALAD S/O D. NAGARAJACHAR, CHAIRMAN, BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, - 4 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 R/AT NO.1, SETLUR STREET, LANGFORD TOWN, BENGALURU – 560 025 6. MR. R. AMBARISH, S/O HEDATHALE RAMASASTRY, DIRECTOR, BIOFI MEDICAL HEALTHCARE INDIA PRIVATE LIMITED, LOCATED AT NO.208, BOMMASANDRA INDUSTRIAL AREA, BENGALURU – 560 105 ALSO AT PIXEL A BLOCK, 2ND FLOOR, PES UNIVERSITY, ELECTRONIC CITY, SOUTH CAMPUS, HOSUR ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU – 560 100 R/AT APARTMENT NO.5A, DEAUVILLE APARTMENTS, NO.19, CHURCH STREET, BENGALURU – 560 001 …RESPONDENTS ( R1 SERVED VIDE ORDER DATED 30.06.2025; BY SRI. LOKESHA K.,ADVOCATE FOR R2; SRI. V. SANJAY KRISHNA, ADVOCATE FOR R3; R4 SERVED BUT UNREPRESENTED; SRI. DEEPAK BHASKAR, ADVOCATE FOR R5 AND R6) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 30/08/2023 PASSED BY THE HON’BLE PRL. CIVIL JUDGE AND JMFC, ANEKAL IN OS/277/2021 (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in O.S.No.277/2021 on the file of the Principal Civil Judge and JMFC, Anekal (for short “the Trial Court”) is directed against the impugned order dated 30.08.2023, whereby the application filed by the by the respondents-defendant Nos.1 and 2, under Order VII Rule 10 CPC seeking return of the plaint to be re-presented before the jurisdictional Trial Court was allowed by the trial Court, which consequently returned the plaint and direct re-presentation of the same before the jurisdictional District Court. 2. Heard Sri. Ravikumar Rajendra Prasad, petitioner, party-in-person and learned counsel for respondent Nos.2, 3 and 6 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners-plaintiffs having instituted the aforesaid suit against the respondents-defendants, the Trial Court came to the conclusion that it did not have jurisdiction over the subject matter of dispute in view of Section 104 of the Patents Act, 1970 (for short “the said Act - 6 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 of 1970”). The party-in-person submits that the entire process/procedure of the petitioner obtaining/taking return of plaint and re-presenting the same before the jurisdictional District Court would involve considerable expense and time and the present petition may be disposed of directing transfer of the suit in O.S.No.277/2021, out of which the present petition arises to the jurisdictional District Court, to be heard on a particular date of hearing. 4. The said submission is placed on record. 5. In view of the aforesaid facts and circumstances and having regard to the fact that the suit is of the year 2021 filed by the petitioners-plaintiffs, which was returned to him for re-presentation vide impugned order passed as long back as on 30.08.2023. In order to do substantial justice, I deem it just and appropriate to dispose of this petition, by exercising my powers under Articles 226 and 227 of the Constitution of India r/w. Section 24 of CPC and direct the said suit in O.S.No.277/2021 to be withdrawn from the court of the Principal Civil Judge and JMFC, Anekal and to be transferred to the Court of the Principal District and Sessions - 7 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 Judge, Bengaluru Rural District, Bengaluru, for disposal, in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The registry of the Court of the Principal Civil Judge and JMFC, Anekal as well as the Registry of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru is directed to withdraw O.S.No.277/2021 from the file of the Principal Civil Judge and JMFC, Anekal and transfer the same before the Principal District and Sessions Judge, Bengaluru District, Bengaluru and to proceed further, in accordance with law. (iii) The petitioner being a party-in-person shall appear before the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, on 09.02.2025, without awaiting further notice from the Court. (iv) Upon appearance of the petitioner before the Principal and District and Sessions Judge, - 8 - HC-KAR NC: 2026:KHC:3674 WP No. 23700 of 2023 Bengaluru Rural District, Bengaluru, the said Court shall proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 45