High Court Permits Conversion of Writ Petition into Commercial Appeal Under Section 37 Commercial Courts Act
Court / Authority
Karnataka High Court
Update / Judgement Date
05 Nov 2026
Case No.
COMAP/654/2025
Source
WCP News Bulletin
Author
Soumya Gupta — WCP Legal Desk
Reading Time
4 min read
View Count
Background / Synopsis
● The petitioner filed Writ Petition No. 32411 of 2025 challenging an impugned order dated 08.05.2025 passed in I.A. No. IV under Order XXI Rules 97 to 105 read with Section 151 of CPC in Com. Ex. Petition No. 274/2025 by the XI Additional District and Sessions Judge (Dedicated Commercial Court), Bengaluru Rural District at Bengaluru.
● During proceedings, the petitioner filed a memo praying for permission to convert the writ petition into a Commercial Appeal, submitting that the writ petition had been filed by oversight to avoid delay.
● The petitioner further requested that the interim stay order granted by the court be extended for 4 weeks or until a fresh application for interim relief could be moved before the Division Bench.
● Respondent No. 1 and Respondent No. 2 opposed the extension of the interim order, submitting that the execution petition was at an initial stage as registration of the sale deed had not yet occurred, and relying on Division Bench and Single Bench precedents demonstrating that a writ petition is not sustainable.
Issues For Consideration
1. Whether the petitioner should be permitted to convert the writ petition into a Commercial Appeal under Section 37 of the Commercial Courts Act, 2015.
2. Whether the interim stay granted in the non-maintainable writ petition can be extended by the Single Judge pending conversion or filing before the Division Bench.
Submissions Of Parties
Petitioner
● Prayed for permission to convert the writ petition into a Commercial Appeal as it was filed by oversight to avoid delay.
● Requested extension of the interim stay order for 4 weeks or until a fresh interim application could be filed before the Division Bench in the interest of justice and equity.
Respondents
● Objected to the extension of the interim stay, contending that execution proceedings were at an initial stage and registration of the sale deed was yet to take place.
● Cited Division Bench and Single Bench authorities to contend that the writ petition is not sustainable as alternative statutory remedies exist.
Court's Observations & Analysis
Re: Conversion into Commercial Appeal
● The Court noted that the writ petition itself is not maintainable before the Single Judge against the order of the dedicated Commercial Court.
● Taking into consideration the memo filed by the petitioner, the Court deemed it appropriate to permit conversion of the petition into a Commercial Appeal as contemplated under Section 37 of the Commercial Courts Act, 2015.
● Held: Conversion permitted. (Paras 6, 8, 9)
Re: Extension of Interim Order
● The Court observed that since the writ petition itself is not maintainable, it would not be open or appropriate for this Court to extend the interim stay.
● Noted that execution proceedings are at an initial stage with no adverse orders passed yet, providing adequate breathing time for the petitioner to move the Division Bench for urgent interim relief.
● Held: Extension of interim order refused; liberty granted to move Division Bench. (Paras 7-9)
Decision & Directions
● Permitted the petitioner to convert Writ Petition No. 32411 of 2025 into a Commercial Appeal under Section 37 of the Commercial Courts Act, 2015.
● Refused to extend the interim stay order, granting liberty to the petitioner to move the Commercial Appeal Court (Division Bench) for interim relief.
● Disposed of the writ petition for statistical purposes.
● Directed the Registry to facilitate handing over the file immediately to enable the petitioner to move the appropriate Court for urgent interim relief
Full Judgement / Attachment
Full Judgement
Frequently asked questions about Karnataka High Court
- Where does the Karnataka High Court sit and which areas does it cover?
- The Karnataka High Court has its principal seat in Bengaluru, with permanent benches at Dharwad and Kalaburagi. It has jurisdiction over the State of Karnataka. Its history goes back to 1884 as the High Court of Mysore; it was renamed the Karnataka High Court in 1973.
- How do I check case status at the Karnataka High Court's Bengaluru, Dharwad or Kalaburagi benches?
- The official website, karnatakajudiciary.kar.nic.in, lets you select the bench before searching case status, cause lists and judgements. The same records are on the eCourts High Court Services portal (hcservices.ecourts.gov.in).
- What kinds of cases does the Karnataka High Court hear?
- It hears writs, civil and criminal appeals for Karnataka, and a significant volume of tax and technology-sector litigation, including income-tax and transfer-pricing appeals arising from the ITAT Bengaluru Bench.
- What is a Writ Appeal in the Karnataka High Court?
- Under Section 4 of the Karnataka High Court Act, 1961, an order of a single judge in a writ petition can be appealed to a Division Bench as a Writ Appeal. A final judgement can be taken to the Supreme Court by a Special Leave Petition under Article 136, ordinarily within 90 days.
- How can White Collar Professional help with a Karnataka High Court matter?
- Post your requirement on White Collar Professional to receive proposals from verified Advocates, Chartered Accountants and Company Secretaries, compare them, and pay securely through the platform. This page also tracks the latest Karnataka High Court judgements and legal updates as they are reported.
