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High Court of Karnataka · body

2025 DAILYLAW 24019 (KAR)

M/S SMUUTH INNOVATIVE SOLUTIONS PVT LTD., v. M/S GOPIZZA INDIA PVT LTD.,

WP/11629/2025 · 2025-04-25

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17158 WP No. 11629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11629 OF 2025 (GM-CPC) BETWEEN: M/S SMUUTH INNOVATIVE SOLUTIONS PVT LTD., A PRIVATE LTD., COMPANY REGD. UNDER THE COMPANIES ACT REPRESENTED BY ITS DIRECTOR & AUTHORIZED SIGNATORY SRI. GIRISH ELCHURI S/O Y V RAMANUJAM AGED ABOUT 66 YEARS RESIDING AT NO. A044, SOBHA MAGNOLIA GURUPPANNA PALYA, B G ROAD BENGALURU-560 029. …PETITIONER (BY SRI.SURESH S LOKRE, SENIOR COUNSEL FOR SRI. SHRAVAN S LOKRE., ADVOCATE) AND: 1. M/S GOPIZZA INDIA PVT LTD., A COMPANY REGISTERED UNDER COMPANIES ACT OFFICE AT NO.850/5/1, GROUND FLOOR 60 FEET ROAD, 8TH MAIN, SAHAKARA NAGAR BENGALURU-560 092. REP. BY ITS AUTHORIZED SIGNATORY MR. RAJKIRAN. 2. SRI. SAMPATH RAJU, S/O. LATE P. CHANGAMARAJU AGED ABOUT 62 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17158 WP No. 11629 of 2025 R/AT NO.342/18, SRI BALAJI NILAYAM 16TH A MAIN, 35TH CROSS 4TH T BLOCK, JAYANAGAR BENGALURU-560 041. ALSO AT SITE NO.1, OLD NO.28, V.P. KHATA NO.319, 32ND CROSS, 9TH MAIN ROAD TAYAPPANANA HOBLI, BENGALURU-560 064. 3. M/S. IDBI BANK LTD., IDBI HOUSE, NO.58, 3RD FLOOR MISSION ROAD, BENGALURU-560 027. REP. BY AUTHORIZED OFFICER SRI. G. BASANTH CHAKRAVARTHY. …RESPONDENTS (BY SRI. M.D.RAGHUNATH., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF CERTIORARI TO QUASH THE IMPUGNED COMPROMISE PETITION (ANNEXURE - A) ENTERED BY 1ST RESPONDENT AND THE 2ND RESPONDENT DATED 20/03/2025 FILED IN COM. O.S. NO.1189/2024, BEFORE THE LXXXVI ADDI. CITY CIVIL AND SESSIONS JUDGE, AT COMMERCIAL COURT, CCH-87, BENGALURU 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 compromise decree dated 20.03.2025 passed in Com.O.S.No.1189/2024 - 3 - NC: 2025:KHC:17158 WP No. 11629 of 2025 before the LXXXVI Additional City Civil and Sessions Judge, Commercial Court, CCH-87, Bengaluru. 2. In similar circumstances, the Apex Court, in the case of TRILOKI NATH SINGH vs. ANIRUDH SINGH DECEASED THROUGH LEGAL REPRESENTATIVES reported in (2020) 4 SCR 650 has held that the person interested in the property in dispute has to file an application before the same court under Order 23 Rule 3A of CPC. 3. In view of the above, this writ petition is dismissed with liberty to the petitioner to approach the appropriate legal forum. All the contentions are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 31