The Karnataka High Court has recommended action against a Bengaluru city civil judge for referencing non-existent Supreme Court rulings while deciding on a civil procedure case. Justice R. Devdas, in a March 24 order, described the act as “disturbing” and called for further investigation. The matter has been referred to the Chief Justice.
The case involved Samman Capital Ltd. and Samman Finserve Ltd., who challenged a Nov 25, 2024, order favoring Mantri Infrastructure Pvt. Ltd. and others. The dispute arose over pledged shares, with Mantri Infrastructure seeking an injunction against lenders transferring them.
Initially filed in the commercial court, Mantri Infrastructure withdrew the case on Oct 1, 2024, and refiled it in the City Civil Court, despite the dispute being commercial in nature. The lenders objected, arguing that the civil court lacked jurisdiction. However, the judge dismissed their plea, citing two Supreme Court cases—M/s. Jalan Trading Co. Pvt. Ltd. vs. Millenium Telecom Ltd. and M/s. Kvalrner Cemintation India Ltd. vs. M/s. Achil Builders Pvt. Ltd.—which were later found to be fictitious.
Justice Devdas ruled in favor of the defendants, stating the plaintiffs failed to justify switching courts. The case has now been remitted for further legal proceedings.
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