- 1 - NC: 2025:KHC:12187 WP No. 4668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4668 OF 2025 (GM-CPC) BETWEEN: M/S BLUE HORIZON HOTELS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT NO. 172/1, SRINIVAS INDUSTRIAL ESTATE N.S.PALYA, BANNERGHATTA ROAD BENGALURU-560 076 REPRESENTED BY ITS DIRECTOR SRI.SACHIN RAJU. …PETITIONER (BY SRI. CHANDRASHEKARA REDDY R A., ADVOCATE) AND: 1. M/S GAURAV ROSE REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 9/12, LAL BAZAAR STREET MERCHANTILE BUILDING BLOCK-E, 2ND FLOOR KOLKOTA-700 001 REP. BY ITS AUTHORIZED SIGNATORY ROHAN AGARWAL Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12187 WP No. 4668 of 2025 2. M/S PHOENIX ARC PRIVTATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT 7TH FLOOR, DANI CORPORATE PARK 158 CST ROAD, KALINA SANTACRUZ (E) MUMBAI -400 098 REP. BY ITS SENIOR ASSOCIATE VAIBHAV MAHESWARI. 3. M/S EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, C.S.T. ROAD KALINA, MUMBAI BY ITS MANAGING DIRECTOR SIBY ANTONY. 4. M/S A.S. MUNISWAMY RAJU HINDU UNDIVIDED FAMILY REP. BY ITS KARTHA MR. A.M. RAJU S/O LATE A.S. MUNISWAMY RAJU AGED ABOUT 73 YEARS R/AT NO.536, 10TH MAIN 5TH BLOCK, JAYANAGAR BENGALURU - 560 041. 5. M/S GREEN PARK HOTELS AND RESORTS LTD HAVING REGISTERED OFFICE AT 4TH FLOOR, HOTEL GREEN PARK GREENLAND, BEGUMPET HYDERBAD-560016 - 3 - NC: 2025:KHC:12187 WP No. 4668 of 2025 TELANGANA REP. BY ITS DIRECTOR MR.B.GAUTAM. 6. M/S. ORIENTAL HOTELS LTD HAVING REGISTERED OFFICE AT TAJ COROMANDEL, 37 MAHATMA GANDI ROAD CHENNAI-600 034 REP. BY ITS AUTHORIZED SIGNATORY MR.SANJAY KUMAR GUPT. …RESPONDENTS (BY SRI. AJESH KUMAR S., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDERS PASSED BY LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY, (CCH 85) ON IA NO. 19 FILED UNDER ORDER XXXVIII RULES 5 OF CPC IN COM. OS.NO. 25855/2017 DATED 30/01/2025 VIDE ANNEXURE-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 by defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 30.01.2025 passed on IA No.19 in O.S.No.25855/2017 by the LXXXIV Additional City Civil and Sessions Judge (CCH-85) (Commercial Court), - 4 - NC: 2025:KHC:12187 WP No. 4668 of 2025 Bengaluru, whereby the said application has been allowed in part. 2. The plaintiff filed a suit for recovery of money and injunction. During pendency of the suit, plaintiff filed an application under Order 38 Rule 5 of CPC for attachment of the property mentioned in the application for a sum of Rs.67,83,63,777/-. After considering the submissions of both the parties, the application was allowed in part. The defendant No.1 was directed to deposit 1/5th of the suit claim, within two weeks. The same has been challenged before this Court. This Court has granted an interim order on 18.02.2025, subject to condition that the petitioner herein has to deposit a sum of Rs.5,00,00,000/- before the trial court on or before 28.02.2025. Again, on 21.02.2025, further order has been passed for deposit of another sum of Rs.3,00,00,000/- on or before 07.03.2025. As on today, the defendant No.1 has deposited a sum of Rs.8,00,00,000/- before the trial court. - 5 - NC: 2025:KHC:12187 WP No. 4668 of 2025 3. 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 order passed by the trial court dated 30.01.2025 is modified. In respect of 1/5th of the suit claim, defendant No.1 is directed to deposit Rs.9,00,00,000/- (rupees nine crores only). Out of that, he has already deposited Rs.8,00,00,000/- (rupees eight crores only) and the remaining Rs.1,00,00,000/- (rupees one crore only) is directed to be deposited within eight weeks from today. (iii) All the contentions of the parties are left open. (iv) The trial court is directed to dispose of the suit as expeditiously as possible. - 6 - NC: 2025:KHC:12187 WP No. 4668 of 2025 (v) The parties are directed to co-operate for speedy disposal. (vi) This order will not come in the way of the plaintiff to file any necessary application before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 27