- 1 - NC: 2025:KHC:14646 MFA No. 3121 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL NO.3121/2023 BETWEEN: NANOSECOND TECHNOLOGIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.453/1/4, TARASUBBA RAO ROAD H NAGAR, BANGALORE-560050 REP. HEREIN BY ITS DIRECTOR MR. ADITYA JOSHI. …APPELLANT (BY SMT. LEKHA CHANDRA SEKHAR, ADV. FOR SRI RAGHURAM CADAMBI, ADV.) AND: OPEN FINANCIAL TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, TOWER 2 RGA TECH PARK, SARJAPURA ROAD, BANGALORE-560035 REP. HEREIN BY ITS DIRECTOR. …RESPONDENT (BY SRI.THARUN KUMAR, ADV. FOR SRI CHINMAY J MIRJI, ADV.) THIS APPEAL IS FILED U/O 43 RULE 1(R) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 23.11.2022 PASSED ON I.A.NO.1 IN OS.NO.2065/2022 ON THE FILE OF THE XVIII Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14646 MFA No. 3121 of 2023 ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.2065/2022 on the file of the XVIII Additional City Civil Judge, Bengaluru is directed against the impugned order dated 23.11.2022 passed on I.A.No.1 whereby the said application filed by the respondent/plaintiff against the appellant/defendant for temporary injunction and other reliefs was allowed by the trial Court. 2. A perusal of the material on record would indicate that the respondent/plaintiff instituted the aforesaid suit against the appellant/defendant for permanent injunction, mandatory injunction and other reliefs in relation to the subject matter of the suit. Along with the suit, the respondent/plaintiff filed an application I.A.No.1 for temporary injunction and the appellant/defendant having - 3 - NC: 2025:KHC:14646 MFA No. 3121 of 2023 entered appearance filed its written statement as well as objection to I.A.No.1 for temporary injunction. 3. After hearing the parties, the trial Court proceeded to pass the impugned order dated 23.11.2022, allowing I.A.No.1 filed by the respondent/plaintiff against the appellant/defendant. It is a matter on record that the said interim order passed by the trial Court as long back as on 23.11.2022 continues to remain in force as there is no interim order in the present appeal. 4. Learned counsel for the appellant and learned counsel for the respondent jointly submit that both of them would co-operate with the trial Court for expeditious disposal of the suit and that the trial Court may be directed to dispose of the suit on merits, in accordance with law, after conducting full-fledged trial, without being influenced by the findings and observations recorded in the impugned order. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, - 4 - NC: 2025:KHC:14646 MFA No. 3121 of 2023 without expressing any opinion on merits/demerits of the rival contentions, I deem it appropriate to dispose of this appeal without interfering with the impugned order and by directing the trial Court dispose of the suit on merits, after conducting necessary enquiry/ trial in accordance with law, without being influenced by the findings and observations recorded in the impugned order. 5. Accordingly, the appeal is disposed of. The trial Court is directed to dispose of the suit, within a period of six months from the date of receipt of a copy of this order. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 2