- 1 - NC: 2025:KHC:17736 WP No. 3342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3342 OF 2025 (GM-CPC) BETWEEN: M/S NITESH ESTATES LIMITED RPESENTLY SATCHMO HOLDINGS LIMITED A COMPANY INCORPORTATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.10 A WING LEVEL 1 ANDREWS BUILDING M G ROAD BANGALROE 560001 THROUGH ITS AUTHORIZED REP BY MR SANJAY VADAPALLI AGED ABOUT 50 YEARS VICE PREISIDENT H R. …PETITIONER (BY SMT. KRUTIKA RAGHAVAN., ADVOCATE) AND: SANJOY KUMAR DAS AGED ABOUT 68 YEARS S/O LATE TINKARI DAS B 706 POONAM APARTMENTS OPPOSITE NEHRU CENTRE, WORLI, MUMBAI 400018. …RESPONDENT (BY SRI. PRADEE J.S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED: 24.07.2024 AND 17.01.2025 PASSED BY THE PRI. CITY CIVIL AND SESSION JUDGE IN THE I.A.S FILED Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17736 WP No. 3342 of 2025 UNDER SECTION 151 OF ORDER 3 RULE 2 OF THE CIVIL PROCEDURE CODE, 1908 IN O.S.NO.2948/2016 (ANNEXURE-A AND ANNEXURE -B) AND ETC. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the orders dated 24.07.2024 and 17.01.2025 passed by the IX Additional City Civil and Sessions Judge, Bengaluru on applications filed by the defendant under Order III Rule 2 of CPC in O.S.No.2948/2016, whereby the trial Court has dismissed the said applications. 2. The plaintiff filed the suit for recovery of money and mandatory injunction. On service of suit summons, the defendant appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the trial Court has framed issues. The matter is posted for evidence. Thereafter, the defendant filed application under - 3 - NC: 2025:KHC:17736 WP No. 3342 of 2025 Order III Rule 2 of CPC on 15.07.2024 praying to permit the substitution of the recognized agent, representing the defendant company, Nitesh Estates Limited, (now known as Satchmo Holdings limIted), Mr.K.B.Swamy with Mr.M.N.Ramanujam, duly authorized signatory/ representative of the defendant. The trial Court by order dated 24.07.2024 has dismissed the said application. Again, on 08.08.2024, the defendant has filed a similar application under order III Rule 2 of CPC with a similar prayer for substitution of recognized agent. The trial Court, by order dated 17.01.2025 has dismissed the said application. Being aggrieved by the said order, the present petition is filed. 3. Since the applications were filed by the defendant through a duly authorized attorney to represent the defendant company, the trial Court erred in dismissing the applications. The applications were filed in compliance with Order III Rule 2 of the CPC. Hence, they are liable to be allowed. - 4 - NC: 2025:KHC:17736 WP No. 3342 of 2025 4. Under the circumstance and in the interest of justice, this Court is of the opinion that the impugned order is liable to be set aside. 5. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The orders dated 24.07.2024 and 17.01.2025 passed by the IX Additional City Civil and Sessions Judge, Bengaluru on applications filed by the defendant under Order III Rule 2 of CPC in O.S.No.2948/2016, is set aside. c) The applications filed under Order III Rule 2 of CPC are allowed. d) The trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than eight months from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:17736 WP No. 3342 of 2025 All pending IAs. in this writ petition, if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 149