SYAMARAJU & COMPANY (INDIA) PVT LTD Vs. MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL ILKAL HUNAGUND TALUKA BAGALKOT DIST

JUDGEMENT

(1.) The petitioner has challenged the order dated 05.03.2018 in Civil Miscellaneous No.486/2017 on the file of the Principal District and Sessions Judge, Bagalkot (for short, 'the District Court'). The District Court by the impugned order has rejected the petitioner's application under Section 24 of the Code of Civil Procedure (for short, 'CPC') for transfer of the suit in O.S. No.130/2013 pending on the file of the Civil Judge, Hungund, to the file of the Court of Senior Civil Judge, Hungund for common trial and disposal along with suits in O.S. No.19/2015 and O.S. No.95/2016.

(2.) The learned counsel for the petitioner submits that though the application under Section 24 of the CPC is filed by the petitioner for transfer of the suit in O.S. NO.130 of 2013 pending on the file of the Civil Judge, Hungund, to the file of the Senior Civil Judge, Hungund for common trial with the suits in O.S. No.19 of 2015 and O.S. No.95 of 2016, the petitioner would confine the application for transfer of O.S. No.130 of 2013 to the file of the Senior Civil Judge, Hungund, to be tried along with the suit in O.S. No.19 of 2015.

(3.) The learned counsel further submits that the suits O.S. No.130 of 2013 and O.S. No.19 of 2015, as the suit in OS No. 95 of 2016, partake the colour of a commercial dispute as contemplated under the Commercial Courts Act, 2015 (for short, 'the Commercial Courts Act'). But the suits O.S. No.130 of 2013 and O.S. No.19 of 2015, in view of the provisions of Section 19 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (for short, 'the Amendment Act') will have to be decided by the respective Courts and cannot be transferred to Commercial Court.