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2025 DAILYLAW 20443 (KAR)

K MOHAN AND COMPANY (EXPORTS) PVT LTD v. STRAWBERRY LENCERIA PRIVATE LIMITED

WP/2571/2021 · 2025-01-21

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 2571 OF 2021 (GM-RES) C/W WRIT PETITION NO. 10223 OF 2020 (GM-RES) WRIT PETITION NO. 10596 OF 2020 (GM-RES) WRIT PETITION NO. 2574 OF 2021 (GM-RES) IN WP NO. 2571/2021 BETWEEN: K. MOHAN AND COMPANY (EXPORTS) PVT LTD, B-1, 62/5, BEGUR ROAD, DEVARACHIKKANAHALLI MAIN ROAD, BOMMANAHALLI, BENGALURU - 560 068. REPRESENTED BY ITS AUTHORISED SIGNATORY, GITANJALI RAJU MAHTANEY AGED 40 YEARS …PETITIONER (BY SRI. DHANANJAY JOSHI, ADVOCATE) AND: 1. STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. REPRESENTED BY ITS MANAGER. 2. MR. THANDAND THAN KRISHNADAS, MANAGING DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.26, AISHWARYA, 1ST CROSS, 2ND MAIN, DOMLUR, 2ND STAGE, BENGALURU - 560 071. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER 3. MS. CHARMAINE DAS, DIRECTOR PRODUCT FOR WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT: NO.26, AISHWARYA 1ST CROSS, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071. 4. MR. THUNDIPARAMBIL JOSEPH FRANCIS JOSEPH, DIRECTOR SALES, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.24, VENKATESHWAR LAYOUT JAYANTHI NAGAR, HORAMAVU, BENGALURU - 560 043. 5. MR. ROBIN UTHAPPA AIYUDA, DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.1403, ANRIYA PALATIAL NO.8, 2ND MAIN ROAD, RMV 2ND STAGE, BENGALURU - 560 094. 6. MS. SHEETAL RAJ NATARAJ ADONI, DIRECTOR PRODUCT AND DESIGN - WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT 1ST CROSS, NEAR MAHADI MOTORS, SRE LAYOUT, CHITRADURGA - 577 501. 7. MR. SHRAVAN ARIVND GUJAR, DIRECTOR PRODUCT AND DESIGN - MEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 8. MR. V. SURESH, DIRECTOR OPERATIONS, STRAWBERRY LENCERIA PRIVATE LIMITED, - 3 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 9. MS. AMALORPAVA MARY, DIRECTOR COMMERCIAL, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 10. MS. GARIMA OMAR, DIRECTOR PRODUCT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 11. MR. HARISH N, HEAD QA, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 12. MR. RAKESH K.N., ACCOUNTANT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. …RESPONDENTS (BY SRI. A. VIJIKUMAR, ADVOCATE FOR R2 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.2.3.2020 PASSED THE 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE REJECTING THE PETITIONER APPLICATION UNDER SECTION 82 OF THE CRIMINAL PROCEDURE CODE 1973 IN CC NO.2770/2018 VIDE ANNEXURE-A AND ETC., IN WP NOS. 10223/2020 AND 10596/2020 BETWEEN: K. MOHAN AND COMPANY - 4 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER (EXPORTS) PVT LTD, B-1, 62/5, BEGUR ROAD, DEVARACHIKKANAHALLI MAIN ROAD, BOMMANAHALLI, BENGALURU - 560 068. REPRESENTED BY ITS AUTHORISED SIGNATORY, GITANJALI RAJU MAHTANEY AGED 40 YEARS …COMMON PETITIONER (BY SRI. DHANANJAY JOSHI, ADVOCATE) AND: 1. STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. REPRESENTED BY ITS MANAGER. 2. MR. THANDAND THAN KRISHNADAS, MANAGING DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.26, AISHWARYA, 1ST CROSS, 2ND MAIN, DOMLUR, 2ND STAGE, BENGALURU - 560 071. 3. MS. CHARMAINE DAS, DIRECTOR PRODUCT FOR WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT: NO.26, AISHWARYA 1ST CROSS, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071. 4. MR. THUNDIPARAMBIL JOSEPH FRANCIS JOSEPH, DIRECTOR SALES, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.24, VENKATESHWAR LAYOUT JAYANTHI NAGAR, HORAMAVU, BENGALURU - 560 043. - 5 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER 5. MR. ROBIN UTHAPPA AIYUDA, DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.1403, ANRIYA PALATIAL NO.8, 2ND MAIN ROAD, RMV 2ND STAGE, BENGALURU - 560 094. 6. MS. SHEETAL RAJ NATARAJ ADONI, DIRECTOR PRODUCT AND DESIGN - WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT 1ST CROSS, NEAR MAHADI MOTORS, SRE LAYOUT, CHITRADURGA - 577 501. 7. MR. SHRAVAN ARIVND GUJAR, DIRECTOR PRODUCT AND DESIGN - MEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 8. MR. V. SURESH, DIRECTOR OPERATIONS, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 9. MS. AMALORPAVA MARY, DIRECTOR COMMERCIAL, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 10. MS. GARIMA OMAR, DIRECTOR PRODUCT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 11. MR. HARISH N, HEAD QA, STRAWBERRY LENCERIA - 6 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 12. MR. RAKESH K.N., ACCOUNTANT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. …COMMON RESPONDENTS WRIT PETITION NO. 10223 OF 2020 IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.2.3.2020 PASSED THE 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE REJECTING THE PETITIONER APPLICATION UNDER SECTION 82 OF THE CRIMINAL PROCEDURE CODE 1973 IN CC NO.3793/2018 AND ETC., WRIT PETITION NO. 10596 OF 2020 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.2.3.2020 PASSED THE 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE REJECTING THE PETITIONER APPLICATION UNDER SECTION 82 OF THE CRIMINAL PROCEDURE CODE 1973 IN CC NO.3792/2018 VIDE ANNEXURE -A AND ETC., IN WP NO. 2574/2021 BETWEEN: K. MOHAN AND COMPANY (EXPORTS) PVT LTD, B-1, 62/5, BEGUR ROAD, DEVARACHIKKANAHALLI MAIN ROAD, BOMMANAHALLI, BENGALURU - 560 068. REPRESENTED BY ITS AUTHORISED SIGNATORY, GITANJALI RAJU MAHTANEY - 7 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER AGED 40 YEARS …PETITIONER (BY SRI. DHANANJAY JOSHI, ADVOCATE) AND: 1. STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. REPRESENTED BY MANAGING DIRECTOR. 2. MR. THANDAND THAN KRISHNADAS, MANAGING DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.26, AISHWARYA, 1ST CROSS, 2ND MAIN, DOMLUR, 2ND STAGE, BENGALURU - 560 071. 3. MS. CHARMAINE DAS, DIRECTOR PRODUCT FOR WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT: NO.26, AISHWARYA 1ST CROSS, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071. 4. MR. THUNDIPARAMBIL JOSEPH FRANCIS JOSEPH, DIRECTOR SALES, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.24, VENKATESHWAR LAYOUT JAYANTHI NAGAR, HORAMAVU, BENGALURU - 560 043. 5. MR. ROBIN UTHAPPA AIYUDA, DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT NO.1403, ANRIYA PALATIAL NO.8, 2ND MAIN ROAD, RMV 2ND STAGE, BENGALURU - 560 094. - 8 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER 6. MS. SHEETAL RAJ NATARAJ ADONI, DIRECTOR PRODUCT AND DESIGN - WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT 1ST CROSS, NEAR MAHADI MOTORS, SRE LAYOUT, CHITRADURGA - 577 501. 7. MR. SHRAVAN ARIVND GUJAR, DIRECTOR PRODUCT AND DESIGN - MEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 8. MR. V. SURESH, DIRECTOR OPERATIONS, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 9. MS. AMALORPAVA MARY, DIRECTOR COMMERCIAL, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 10. MS. GARIMA OMAR, DIRECTOR PRODUCT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 11. MR. HARISH N, HEAD QA, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. 12. MR. RAKESH K.N., ACCOUNTANT, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, - 9 - NC: 2025:KHC:2263 WP No. 2571 of 2021 C/W WP No. 10223 of 2020 WP No. 10596 of 2020 AND 1 OTHER BENGALURU - 560 008. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.2.3.2020 PASSED THE 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE REJECTING THE PETITIONER APPLICATION UNDER SECTION 82 OF THE CRIMINAL PROCEDURE CODE 1973 IN CC NO.2769/2018 AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA COMMON ORAL ORDER Learned counsel for the petitioners has filed a memo seeking permission of the Court to withdraw the petition. Memo is placed on record. Hence, the petitions are dismissed as withdrawn. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 4