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2022 DAILYLAW 1680 (KAR)

SMART OWNER SERVICES INDIA PRIVATE LIMITED v. SILVER STREAM DEVELOPERS PRIVATE LIMITED

WP/14069/2022 · 2026-08-27

Vijaykumar A Patil

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - WP No. 14069 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION NO. 14069 OF 2022 (GM-CPC) Between: Smart Owner Services India Private Limited A Company Incorporated under the Provisions of Companies Act, 1956 Having its registered office at 8th Floor, Delta Block, Sigma Tech Park Varthur Whitefield Main Road, Bengaluru - 560066 Rep. by its Authorized Signatory Pramod Kushalappa …Petitioner (By Smart Owner Services India Private Limited Represented by its Authorized Signatory Pramod Kushalappa - Absent) And: 1. Silver Stream Developers Private Limited A Company incorporated under the Provisions of Companies Act, 2013 Having its registered office at Embassy Diamante Level 3 and 4 34 Vittal Mallya Road, Bengaluru - 560001 Rep. by its Authorized Signatory 2. Regal Dwellings Private Limited A Company incorporated under the Provisions of Companies Act, 1956 Having its registered office at Embassy Diamante Level 3 and 4 Digitally signed by SRIDEVI S Location: HIGH COURT OF KARNATAKA - 2 - WP No. 14069 of 2022 34 Vittal Mallya Road, Bengaluru - 560001 Rep. by its Authorized Signatory 3. Pinehill Properties Private Limited A Company incorporated under the Provisions of Companies Act, 1956 Having its registered office at Embassy Diamante Level 3 and 4 34 Vittal Mallya Road, Bengaluru - 560001 Rep. by its Authorized Signatory 4. Imperial Dwellings Private Limited A Company incorporated under the Provisions of Companies Act, 2013 Having its registered office at Embassy Diamante Level 3 and 4 34 Vittal Mallya Road, Bengaluru - 560001 Rep. by its Authorized Signatory 5. Oaktree Properties Private Limited A Company incorporated under the Provisions of Companies Act, 2013 Having its registered office at Embassy Diamante Level 3 and 4 34 Vittal Mallya Road, Bengaluru - 560001 Rep. by its Authorized Signatory 6. Downey Properties Private Limited A Company incorporated under the Provisions of Companies Act, 2013 Having its registered office at 8th Floor, Delta Block, Sigma Tech Park Varthur Whitefield Main Road, Bengaluru - 560066 Rep. by its Authorized Signatory 7. Everett Properties Private Limited A Company incorporated under the Provisions of Companies Act, 2013 Having its registered office at 8th Floor, Delta Block, Sigma Tech Park Varthur Whitefield Main Road, Bengaluru - 560066 Rep. by its Authorized Signatory - 3 - WP No. 14069 of 2022 8. Shri Balasubramani Velayutham S/o. P.K.Velayutham Aged about Major Occupation: Former Business Head at Petitioner no.1 Company R/o. Aishwarya Amaze, D004 Devarachikkanahalli Main Road Bommanahalli, Bengaluru – 560076 9. Shri Rajiv M.Kore S/o. M.D.Mahesh Aged about Major R/o. 10, 4th Cross, Guddadahalli Main Road, Hebbal, Bengaluru - 560032 Permanent Address. No.7, 2nd Main, 8th Cross, Near Jawa Factory Yadavgiri, Mysore – 570020 10. Smt. Poornima Palanisamy W/o. Balasubramani Velayutham Aged about Major R/o. Aishwarya Amaze, D004 Devarachikkanahalli Main Road Bommanahalli, Bengaluru – 560076 11. Smt. Rajeswari V., W/o. P.K.Velayutham Aged about Major R/o. Aishwarya Amaze, D004 Devarachikkanahalli Main Road Bommanahalli, Bengaluru – 560076 12. Shri M.D.Mahesh S/o. B.R.Devarao Aged about Major R/o. 10, 4th Cross, Guddadahalli Main Road, Hebbal, Bengaluru - 560032 Permanent Address. No.7, 2nd Main, 8th Cross, Near Jawa Factory Yadavgiri, Mysore – 570020 - 4 - WP No. 14069 of 2022 13. P.K.Velayutham S/o. Kandasamy Mudaliyar Aged about Major R/o. Aishwarya Amaze, D004 Devarachikkanahalli Main Road Bommanahalli, Bengaluru – 560076 14. A.Gokul Krishnan S/o. K.Ayyavoo Aged about Major R/o. 1/3, Jeddah Street Abqaiq Road 2nd Industrial City Damman Al Khobar 31952 Saudi Arabia 15. V.Narmadha D/o. P.K.Velayutham Aged about Major R/o. 84/4 Sivapuram Villarasampatti Erode, Tamil Nadu - 638 107 …Respondents (By Sri Akarsh Kumar Gowda, Advocate R10, R11, R13; R2 to R9, R12 and R15 are served) This Writ Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 13.07.2022 (Annexure-E) passed by the Learned Principal Civil Judge, Bengaluru Rural, Bengaluru in O.S.No.895/2022 by not considering I.A.No.1 and 2 filed under Order XXXIX Rules 1 and 2 of CPC so far as it pertains to non-granting of ex-parte temporary injunction against R1 to R4 and etc. This Writ Petition coming on for orders, this day, the court made the following: - 5 - WP No. 14069 of 2022 ORDER Petitioner is absent and the respondent’s counsel is present. The order sheet dated 9.3.2023 shows that learned advocate Sri. Shivaprasad Shantanagoudar was permitted to retire from the case and since then the petitioner has not made any arrangement to engage another counsel. Nobody appears on behalf of the petitioner. Therefore writ petition is dismissed. Sd/- JUDGE sd List No.: 2 Sl No.: 2