THE BEML EMPLOYEES CO-OPERATIVE v. THE BEST CLUB
Case at a glance
Outcome
Dismissed
appeal is dismissed albeit with a direction to the parties to appear
Provisions considered
Key paragraphs
- Para 44. The learned counsel appearing for the respondents concur with the submission made by the learned counsel appearing for the appellant. Accordingly, the present appeal is dismissed.
Judgment
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.393 OF 2025 BETWEEN: THE BEML EMPLOYEES CO-OPERATIVE SOCIETY LIMITED, (ALSO KNOWN AS BEML EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.,) A SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT HAVING ITS REGISTERED OFFICE AT BHARATH EARTH MOVERS LIMITED BHARATH COMPLEX NEW THIPPASANDRA POST BENGALURU - 560075. BY ITS PRESIDENT D.M. NAGESH. (BY SRI. VEERESH M. UPPIN, ADVOCATE FOR SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND:
THE BEST CLUB NO.648, BEML LAYOUT RAJARAJESHWARI NAGAR, BENGALURU - 560098. BY ITS CHAIRMAN.
SRI R. ARUNACHALAM S/O LATE RANGASWAMY, AGED ABOUT 71 YEARS, …APPELLANT - 2 - NC: 2026:KHC:29901-DB COMAP No. 393 of 2025 HC-KAR BEML EMPLOYEES TOWNSHIP CLUB BEML LAYOUT, RAJARAJESHWARI NAGARA, BENGALURU - 560098. …RESPONDENTS (BY SRI. M.S. RAJENDRA, ADVOCATE FOR SMT. MAYA HOLLA, ADVOCATE FOR R-1; SRI. PURUSHOTHAMAM P., ADVOCATE FOR R-2) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED 02.06.2025 IN COM. O.S.NO.1491/2024 ON THE FILE OF LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) ON I.A.NO.2 AND 3 AND ETC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 02.06.2025 passed by the LXXXVIII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in I.A.Nos.2 and 3 in Com.O.S.No.1491/2024 [Impugned order].
2. The Commercial Court found that the disputes involved in the said suit were not commercial disputes within the meaning of Section 2(1)(c) of the Commercial Court Act, 2015 and has accordingly returned the plaint under Order VII Rule 10 r/w Section - 3 - NC: 2026:KHC:29901-DB COMAP No. 393 of 2025 HC-KAR 151 of CPC to present the same before the jurisdictional Court and the parties were directed to appear before the jurisdictional Court on 18.06.2025 without any further notice.
Operative part
The learned counsel appearing to the appellant submits that since, the said date has elapsed, he has no objection, if the present appeal is dismissed albeit with a direction to the parties to appear before the concerned Civil Court on any date within a period of two weeks.
The learned counsel appearing for the respondents concur with the submission made by the learned counsel appearing for the appellant. Accordingly, the present appeal is dismissed.
The parties shall appear before the concerned Civil Court on
06.07.2026 without awaiting any further notice.
The appellant is at liberty to mention the matter before the Principal District Court. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 2 Sl No.: 19
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: appeal is dismissed albeit with a direction to the parties to appear
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.