Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13339 WP No. 1995 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1995 OF 2025 (GM-CPC) BETWEEN:
1.
KLR GROUP ENTERPRISES REPRESENTED BY ITS PARTNERS K S RAMACHANDRA RAYAPPA AND MR. P LAVAKUMAR, NO.306, 3RD FLOOR, EMBASSY CHAMBERS, NO.5 VITTAL MALLYA ROAD, BENGALURU-560 001.
REPRESENTED BY ITS PARTNERS MR. P LAVAKUMAR.
2.
MR. K S RAMACHANDRA RAYAPPA PARTNER, KLR GROUP ENTERPRISES, RESIDING AT NO.331, 19TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BANGALORE-560096.
3. MR. P LAVAKUMAR PARTNER, KLR GROUP ENTERPRISES RESIDING AT NO.146, RAINBOW DRIVE, SARJAPURA ROAD, CARMEALRAM POST, BANGALORE-560 035. …PETITIONERS (BY SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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NC: 2025:KHC:13339 WP No. 1995 of 2025
AND:
1. MR K G KRISHNA 1680/55, JAYAKRISHNA NILAYA, 5TH A CROSS, 10TH MAIN ROAD, 2ND BLOCK, BANASHANKARI 1ST STAGE, BANGALORE-560 050.
ALSO AT RESIDING AT HALEVOORU ROAD, HULIYURDURGA VILLAGE AND HOBLI, KUNIGAL TALUK, TUMKUR-572 123. EMAIL: kgk5211@gmail.com …RESPONDENT (BY SRI. RAJESWARA P N, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 13.01.2025 PASSED ON IA NOS.1 AND II IN COMM. A.A. NO.1/2025 PASSED BY THE HONBLE XI ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL., BENGALURU (COMMERCIAL DIVISION) ANNEXED AT ANNX-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
This writ petition is filed under Article 227 of the Constitution of India, challenging the
order dated 13.01.2025 passed on IA No.1 in Com.A.A.No.1/2025 by the XI Additional District Judge, Bengaluru Rural District,
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NC: 2025:KHC:13339 WP No. 1995 of 2025
Bengaluru (Commercial Division), whereby the trial court refused to grant ex-parte injunction order.
2. The applicants filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Along with the application they filed IA Nos. 1 and 2 under Section 9 of the Arbitration and Conciliation Act r/w. Order 39 Rules 1 and 2 of CPC, seeking ex-parte injunction order. The trial court, by order dated 13.01.2025 refused to grant ex- parte injunction order, but issued summons to the defendant. Being aggrieved by the same, the petitioners are before this Court.
3. This Court, on 25.01.2025 granted the following interim order and issued notice to the respondent:
“Parties are directed to maintain status quo in respect of petition schedule properties. Respondent is restrained from operating the bank accounts of the partnership firm as mentioned in Annexures E and F. Petitioners can operate the said bank accounts only for the purpose of day today operation of the firm. Petitioners to maintain such
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NC: 2025:KHC:13339 WP No. 1995 of 2025
bank transactions and submit a report before this Court.”
4. The respondent is represented through counsel.
5. The learned counsel for the respondent submitted that the respondent has already filed objections to the IAs. Now, the matter is posted on 02.04.2025 for hearing on IAs.
6. In view of the above, without expressing any opinion on the merits of the case, the following order is passed: (i) The writ petition stands disposed of. (ii) The trial court is directed to dispose of IA Nos. 1 and 2, filed by the petitioners, as expeditiously as possible, at any rate, on or before 17th April 2025, in accordance with law, after giving opportunity to both the parties, without being influenced by the observations made in the course of this
order.
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NC: 2025:KHC:13339 WP No. 1995 of 2025
(iii) Till then, the interim order granted by this Court shall continue. (iv) In view of disposal of the petition, all pending applications stand disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 65