SERENTICA RENEWABLES INDIA PRIVATE LIMITED Vs. BASAPPA

JUDGEMENT

(1.) Captioned petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, M/s. Serentica Renewables India Private Limited. The petitioner is challenging the legality and validity of the suit registered as O.S.No.77/2024, pending before the Additional Civil Judge and JMFC, Ron. The petitioner claims that the suit, which pertains to a dispute over an infrastructure project is not maintainable before civil Court and lacks jurisdiction, and thus has sought a writ of certiorari to quash the proceedings and the interim order dtd. 14/3/2024.

(2.) The facts leading to the case are as under:

(3.) The crux of the petitioner's argument is based on the jurisdictional competence of the trial Court to entertain the suit. The petitioner submitted that the subject matter of the dispute involved an infrastructure project, which, according to the provisions of the Specific Relief Act and the subsequent amendment in 2018, should be adjudicated only by a Designated Special Court. Specifically, Sec. 20A of the Specific Relief Act imposes a restriction on civil Courts from granting injunctions in cases involving infrastructure projects. The petitioner's argument rests heavily on the Specific Relief Act, 1963, as amended by the Specific Relief (Amendment) Act, 2018. Sec. 20A of the Act expressly prohibits civil Courts from granting injunctions in matters related to contracts concerning infrastructure projects. Additionally, a circular dtd. 4/11/2020, issued by the High Court of Karnataka, emphasizes that disputes involving such projects must be resolved by Designated Special Courts, which have exclusive jurisdiction over these matters. Pleadings at para 6 and 10 are relevant and are extracted as under: