Madras High CourtCRP(MD)/3756/2025disposed of

M/S.Brilliance College v. M/S.Maruthi Publications

2025-12-12Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD) No.19760 of 2025 M/s.Brilliance College Represented by its Proprietor Rajeev Chellikkatil Regahavan @ Rajeev ... Petitioner Vs 1.M/s.Maruthi Publications Represented by its Proprietor M.Palaniappan Having its Business at 908-13 Selvam Nagar Sirukulam Road Sivakasi -626 123.

2.M.Palaniappan 3.M/s.Maruthi Books Register No.350/20 Represented by its Partner Ganesan ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to the order passed by the learned Subordinate Judge, Sivakasi, in I.A.No.06 of 2025 in C.O.S.No.07 of 2022 dated 06-10-2025 and set aside the same. 1/4

For Petitioner : Mr.Rajaraman For R3 Mr.V.Meenakshi Sundaram for Mr.K.Muthumalai

ORDER

This Civil Revision Petition has been filed, challenging the order passed by the learned Subordinate Judge, Sivakasi in I.A.No.06 of 2025 in C.O.S.No.07 of 2022 dated 06.10.2025, by which, the application filed by the petitioner under Section 6 of Commercial Courts acts, questioning the maintainability of the suit in C.O.S.No.07 of 2022 on the ground of lack of territorial jurisdiction, had been dismissed on the ground that the suit is maintainable before the trial Court having part cause of action as per Section 20 CPC.

2.Heard the learned counsel for the petitioner and the learned counsel for the third respondent. As no adverse order is going to be passed, notice to the respondents 1 and 2 is dispensed with. 3.Considering the fact that as the cause of action is a mixture question of fact, the same maybe agitated before the trial court, this Civil Revision Petition stands disposed of with a direction to the trial court to 2/4

consider the part cause of action/cause of action at the time of taking a final decision in C.O.S.No.7 of 2022, which was filed by the respondents herein, seeking a decree for a sum of Rs.14,59,191/- along with consequential relief. No costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 12.12.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The Subordinate Judge, Sivakasi.

3/4

N.SENTHILKUMAR, J.

mm 12.12.2025 4/4