IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.29167 OF 2019 (GM-CPC) BETWEEN:
STEER ENGINEERING PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICES AT 290, 4TH MAIN 4TH PHASE, PEENYA INDUSTRIAL AREA BANGALORE-560058 REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY MR SATISH PADMANABHAN … PETITIONER (BY SRI. DR. ADITYA SONDHI SR.COUNSEL FOR SRI. PRADEEP NAYAK, ADV.,) AND 1. GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC 271, CENTERVILLE ROAD SUIT 400, WILMINGTON, DE 19808 UNITED STATES OF AMERICA 2. GLAXOSMITHKLINE CONSUMER HELATHCARE (UK) IP LIMITED COMPANY NO.09237645 980, GREAT WEST ROAD, BRENTFORD, MIDDLESEX, TW8 9GS UNITED KINGDOM 3. GLAXOSMITHKLINE CONSUMER HEALTHCARE (UK) TRADING LIMITED COMPANY NO.09237643 980, GREAT WEST ROAD BRENTFORD MIDDLESEX TW8 9GS UNITED KINGDOM 4. SMITHKLINE BEECHAM LIMITED COMPANY NO.02337959 980, GREAT WEST ROAD BRENTFORD MIDDLESEX TW8 9GS, UNITED KINGDOM … RESPONDENTS (BY SRI.V.SRINIVASA RAGHAVAN SR. COUNSEL FOR SRI. M.S.GANAPATHY, ADV. FOR R1 & R2 AND SRI. UDAYA HOLLA, SR. COUNSEL FOR SRI. NIKHILESH RAO, ADV. FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE ORDER DTD:8.7.2019 PASSED BY THE XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU [CCH-10] IN O.S.NO.4781/2019 IN RELATION TO IA NO.2 FILED THEREIN BY THE PETITIONER HEREIN [ANNEXURE-A] ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner being the plaintiff in O.S.No.4787/2019 is invoking the writ jurisdiction of this Court for assailing the order dated 08.07.2019 entered by the learned XVIIIth Additional City Civil Judge, Bengaluru, whereby his IA No.2 filed under Order XXXIX Rules 1 & 2 of CPC, 1908, having been heard and reserved for judgment, no judgment is pronounced since the respondents have entered appearance through their counsel.
2. Having argued the matter for some time, all the learned Senior Counsel are broadly in agreement with the suggestion of this Court that the Court below shall take up petitioner’s said application for consideration this day itself, with the Objections to be filed by the other side, after authentication by their counsel, dispensing with signature of their respective clients subject to the rider that the stand taken therein shall not be resiled from.
3. Both the sides are also in agreement that this suit involving a commercial dispute as defined under Section 2(1) (c) of The Commercial Courts Act, 2015, needs to be tried exclusively by the Commercial Court and that no party shall plead, contend or prove to the contrary either in the suit or in the proceedings arising therefrom.
In the above circumstances, the Registry of the Court below shall transfer the suit to the jurisdictional Commercial Court at once, and that on such transfer, the Commercial Court shall take up petitioner’s subject application for hearing and the operative portion of the order shall be pronounced this day itself, keeping all other day’s business at bay, subject to just exceptions.
It is open to the learned trial judge of the Commercial Court to pronounce the operative portion of the order with the reasons to follow, before long.
This unusual order is made regard being had to the urgency pleaded by the parties and the heavy stakes involved in the matter.
All contentions of the parties are kept open. Writ petition stands disposed off.
Copy of this order shall be delivered to the learned counsel for the petitioner by hand.
Sd/- JUDGE Bsv