IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.62 OF 2019 BETWEEN:
1. SRI VIJAYALAKSHMI STEEL HOUSE A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT B C ROAD, BANTWAL TALUK, D K DISTRICT.
2. SRI. VIJAYALAKSHMI CEMENT AND STEELS, A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT B C ROAD, BANTWAL TALUK DK DISTRICT PETITIONER NOS 1 AND 2 ARE REPRESENTED BY THEIR PARATNER MRS. SHOBHA S PRABHU, AGE 58 YEARS, WIFE OF M. SHRINATH PRABHU, R/AT ROOM NO. 504, FIFTH FLOOR, AMBAR CITADEL, SULTHAN BATHERY ROAD, URVA MARKET, MANGALURU 575006.
... PETITIONERS (BY SRI. PRASAD K. R. RAO, ADVOCATE FOR SRI. P. P. HEGDE – ADVOCATE) AND 1. SRI ALLURI KRISHNA REDDY AGED ABOUT 67 YEARS MANAGING DIRECTOR, A.K.R CONSTRUCTION LTD, OFFICE: PLOT NO.8-2-684/J3, BHAVANI NAGAR COLONY, KANAKADURGA TEMPLE LANE, ROAD NO. 12, BANJARA HILLS, HYDERABAD 500034.
2. SRI. SHASHI REDDY AGED ABOUT 41 YEARS S/O. SRI. ALLURI KRISHNA REDDY DIRECTOR A.K.R CONSTRUCTION LTD, OFFICE: PLOT NO.8-2-684/J3, BHAVANI NAGAR COLONY, KANAKADURGA TEMPLE LANE, ROAD NO. 12, BANJARA HILLS, HYDERABAD 500034.
3. SMT. INDIRA KRISHNA REDDY AGED ABOUT 59 YEARS W/O. SRI. ALLURI KRISHNA REDDY DIRECTOR A.K.R CONSTRUCTION LTD, OFFICE: PLOT NO.8-2-684/J3, BHAVANI NAGAR COLONY, KANAKADURGA TEMPLE LANE, ROAD NO. 12, BANJARA HILLS, HYDERABAD- 500034.
4. A.K.R CONSTRUCTION LTD., OFFICE: PLOT NO.8-2-684/J3, BHAVANI NAGAR COLONY, KANAKADURGA TEMPLE LANE, ROAD NO. 12, BANJARA HILLS, HYDERABAD-500034.
REP. BY ITS MANAGING DIRECTOR SRI ALLURI KRISHNA REDDY 5. KRISHNA BHAGYA JALA NIGAMA LTD 3RD FLOOR, BEHIND PWD ANNEXE, K.R CIRCLE, BENGALURU - 01, REP. BY ITS MANAGING DIRECTOR.
… RESPONDENTS THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.15(5) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT,2015, PRAYING TO WITHDRAW THE SUIT PENDING IN O.S.NO. 182/2014 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE, MANGALURU, DAKSHINA KANNADA AND TRANSFER THE SAME TO THE COMPETENT COMMERCIAL COURT NAMELY COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH THE LAW AND ETC,.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Prasad K. R. Rao, learned counsel for Sri. P.P. Hegde, learned counsel for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. When the matter was taken up today, learned counsel for the petitioners fairly submitted that in respect of the case, which is pending adjudication before the trial Court, he has already filed an application seeking transfer of the proceedings to the Commercial Court.
3. In view of the aforesaid submission and taking into account a person cannot be allowed to prosecute two remedies simultaneously, this petition is disposed of with liberty to the petitioner to prosecute his application seeking transfer of the proceeding pending before the trial Court to the Commercial Court.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE Mds/-