- 1 - HC-KAR NC: 2026:KHC:8724-DB COM.APLN No. 5 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPLICATION NO. 5 OF 2025 BETWEEN: 1. M/S MARUTHI CONSTRUCTION COMPANY CIVIL AND STRUCTURAL ENGINEERS BEING A PROPRIETARY CONCERN REPRESENTED BY ITS PROPRIETOR SRI L. RAMPRAKASH S/O LATE SRI G.N. LAKSHMIPATHI AGED ABOUT 78 YEARS FORMERLY HAVING HIS PLACE OF BUSINESS HAVING HIS HEAD OFFICE AT NO.29 PLATFORM ROAD, SHESHDARIPURAM BANGALORE - 560 020 PRESENTLY HAVING HIS PLACE OF BUSINESS AT NO. OLD NO.27, NEW NO.23 HARE KRISHNA ROAD, HIGH GROUNDS BANGALORE - 560 020 …PETITIONER (BY SRI D.N. MANJUNATH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI BANGALORE - 560 001 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8724-DB COM.APLN No. 5 of 2025 URBAN DEVELOPMENT AND INFRASTRUCTURE (CITY CORPORATIONS), VIDHANA SOUDHA VIDHANA VEEDHI, BANGALORE - 560 001 3. THE COMMISSIONER MYSORE MAHANAGARA PALIKE NEW SHESHADRI IYER ROAD MANDI MOHALLA, MYSORE - 570 021 4. THE SUPERINTENDING ENGINEER MYSORE MAHANAGARA PALIKE NEW SHESHADRI IYER ROAD MANDI MOHALLA, MYSORE - 570 021 5. EXECUTIVE ENGINEER MYSORE MAHANAGARA PALIKE NEW SHESHADRI IYER ROAD MANDI MOHALLA, MYSORE - 570 021 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 & 2; SRI PALLAVA R., ADVOCATE FOR R-3 TO 5) THIS COMMERCIAL APPLICATION IS FILED UNDER SECTION 15(5) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO TRANSFER THE ENTIRE PROCEEDINGS IN COM.O.S.NO.142/2023 PENDING ON THE FILE OF HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSORE TO COMMERCIAL COURT AT BENGALURU & ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The applicant has filed the present application seeking transfer of the commercial suit, being Com.O.S No.142/2023 from - 3 - HC-KAR NC: 2026:KHC:8724-DB COM.APLN No. 5 of 2025 the Court of the Additional District and Session Judge, Mysuru to a Commercial Court in Bengaluru. 2. The applicant has sought the transfer on the ground that he is the sole proprietor of the plaintiff concern and he is suffering from serious ailments. 3. The learned counsel appearing for the respondent submits that the said application under Section 15 of the Commercial Courts Act, 2015 is not maintainable. However, he submits that this court would have the power to transfer the commercial suit from the learned Commercial Court in Mysuru to Bengaluru under Section 24 of the Code of Civil Procedure, 1908. On merits, he submits said that the matter is listed before the learned Commercial Court, Mysuru on 03.03.2026 for cross-examination of PW1 (sole proprietor of the plaintiff concern) and if he cannot travel to Mysuru due to ill-health, the cross examination could be conducted through video conferencing. He also submits that the respondent would have no objection if a court commissioner is appointed for conducting the cross examination of PW1 in Bengaluru. - 4 - HC-KAR NC: 2026:KHC:8724-DB COM.APLN No. 5 of 2025 4. The learned counsel appearing for the applicant submits that he is satisfied with the said submission. 5. In view of the above, we dispose of the present application by granting liberty to the applicant to file an appropriate application to seek that the recording of further evidence of PW1 be conducted through a Court Commissioner at Bengaluru. If such an application is filed, the learned Commercial Court shall consider the same sympathetically. 6. The present application is disposed of in the aforesaid terms. 7. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 11