2025 (1) TMI 1690

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....ob, Senior Counsel For Sri. Sourabh R K., Advocate For the Respondent : Sri. Annaiah C V., Advocate ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 23.02.2024 passed by LXXXIII Additional City Civil and Sessions Judge, Bengaluru in Com.O.S. No.277/2023, whereby the application filed by the defendant under ....

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.... the purpose of sale of shares belonging to the petitioner. The agreement dated 09.10.2020 is only a Share Purchase Agreement and it is not a Shareholder Agreement. Therefore, the suit is not maintainable before the Commercial Court. 4. He further contended that as per Section 2(1)(c)(xii) of the Commercial Court's Act, 2015, the dispute related to Shareholder Agreement is only maintainable bef....

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....nto an agreement dated 09.10.2020. The respondent/plaintiff is not a shareholder of Bengaluru Fresh Fruits Pvt. Ltd. The suit is filed for recovery of money in respect of Annexure-B, i.e., Share Purchase Agreement. 8. As per the Law Dictionary, the definition of 'Shareholder Agreement' is as under: "The contract between a firm and the share holders which outlines how internal affairs o....

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.... (where there are conditions to completion)." 9. From the above, it is very clear that Annexure-B agreement, dated 09.10.2020 is a 'Share Purchase Agreement' and it is not a 'Shareholder Agreement'. 10. The definition of "Commercial dispute" as per the Commercial Courts Act, 2015 is as under: "2(1)(c) "Commercial dispute" means a dispute arising out of - .......................