IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL PETITION No.105 OF 2019 BETWEEN Stove Kraft Private Limited An Indian Company Incorporated Under the Companies Act, 1956 No.81/1, Medamaranahalli, Harohalli Kanakapura Taluk, Ramanagara District-562112. Represented by its Managing Director Sri. Rajendra J. Gandhi.
…Petitioner (By Smt. A.S.Gangothri, Advocate) AND Pigeon Appliances Private Limited An Indian Company Incorporated Under the Companies Act, 1956 No.28, Next to Maruti Garment, Arehalli Village, Uttarahalli Hobli, Bengaluru-560061.
Represented by its Director Sri. Anraj Bhandari.
…Respondent (By Sri. Sanjay H. Sethiya, Advocate and Sri. P.N.Abhishek, Advoacte) This Civil Petition is filed Section 24 of CPC, praying to (a) call for the records in O.S.No.2997/2015 and withdraw the same from the file of the XVIII Additional City Civil and Sessions Judge (CCH-10) at Bengaluru and transfer the same to the court of the Principal District Judge, City Civil Court Complex, Bengaluru for adjudication or allotment to any other Additional City Civil Court, in the City Civil Courts complex at Bengaluru and etc.
This Civil Petition coming on for admission, this day, the Court made the following :
ORDER This is a petition filed under Section 24 of CPC seeking transfer of the suit O.S.No.2997/2015 from XVIII Addl. City Civil Court to the Court of Principal City Civil Court or any other Additional City Civil Court. Section 5(2) of the City Civil Court Act empowers the Prl. City Civil and Sessions Judge to exercise the power of transferring the suit from one court to another court within his administrative jurisdiction. Section 24 CPC can be exercised only when transfer of a suit is sought from one territorial jurisdiction to another territorial jurisdiction.
2. At this stage, the petitioner’s counsel submits that he withdraws the petition; he seeks liberty to move the Principal City Civil and Sessions Judge. Liberty is granted. This petition is dismissed as withdrawn.
Sd/- JUDGE sd