B.S.RAJA Vs. B.S.HEMANTH

JUDGEMENT

(1.) The above Commercial Appeal has been filed challenging the order dtd. 6/9/2021 passed in Commercial O.S.No.3468/2018 by the LXXXIII Additional City Civil and Sessions Judge at Bengaluru.

(2.) By way of the said order, an application which has been filed by appellant Nos.1 and 2 under Order VII Rule 10 of the Code of Civil Procedure, 1908 (for short, "CPC") came to be rejected. In the said application under Order VII Rule 10 of CPC, the contention raised by the appellants was that the suit, as framed, was not maintainable before the Commercial Court as the same is barred by Ss. 280 and 430 of the Companies Act, 2013 (for short, "the Act of 2013") and the proceedings ought to have been filed before the National Company Law Tribunal (NCLT) at Bengaluru.

(3.) The Commercial Court, after considering the matter, has dismissed the said application by holding that an application under Order VII Rule 10 of CPC would be maintainable only when a suit has been filed in a wrong forum inasmuch as, the suit ought to have been filed in a different Court, but had been filed in a wrong Court.