RAVINDRA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 28/11/2022 passed by the I Addl.Senior Civil Judge, Gokak in Review Petition No.1/2018 whereby the said review petition filed by the petitioner was dismissed by the trial Court.

(2.) Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

(3.) The material on record discloses that on 26/3/2014, petitioner instituted a suit in O.S.No.114/2014 claiming Rs.3,84,03,010.00 along with interest against the respondents. On 31/12/2015, the Commercial Courts Act, 2015 having coming into force, notifications dtd. 21/9/2017 and 8/11/2017 were issued designating the I Addl.District and Sessions Judge of the district as the Commercial Court. Subsequently on 3/3/2018, despite the aforesaid notifications and coming into force of the Commercial Courts Act, 2015 as a result of which, the trial Court did not have jurisdiction or authority of law to decide the suit which arose out of commercial dispute, the trial Court proceeded to dismiss the suit on merits. Aggrieved by the same, the petitioner/plaintiff filed a review petition specifically bringing to the notice of the trial Court that in view of coming into force of the Commercial Courts Act, 2015 coupled with the notifications designating the Commercial Court, the trial Court which was a non-designated Commercial Court did not have jurisdiction or authority of law and could not have passed the impugned judgment and decree on merits in view of the inherent lack of jurisdiction on the part of the trial Court to adjudicate the suit on merits. The aforesaid review petition filed by the petitioner came to be dismissed by the trial Court vide impugned order which is called in question in the present petition.