- 1 - NC: 2025:KHC:3679-DB CCC No. 614 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 614 OF 2022 BETWEEN: T C UDAYA KUMAR S/O CHANNABASAPPA AGED 54 YEARS R/A 79/1, 1ST FLOOR 3RD FLOOR, ASHOK NAGAR BASAVANGUDI BENGALURU – 560050. …COMPLAINANT (BY SRI. PRAVEEN THIMMAIAH – ADVOCATE FOR SRI. K R KRISHNAMURTHY.,ADVOCATE) AND: 1. MR. SRINIVASAN K REP. AS MANAGING DIRECTOR M/S SANTHOSH SHELTER PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT NO. 206/2A, NAGAVARA PALYA C V RAMAN NAGAR BENGALURU - 560093 2. SRI SRINIVASAN KEERANATTI THIMMARAYAN S/O KEERANATTI THIMMARAYAN R/A NO. 06, MAMATHA FARM GADIGE MAIN ROAD BODAGDI VILLAGE, KASABA HOBLI MYOSRE - 570 026. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3679-DB CCC No. 614 of 2022 3. SMT. M BHAGYARATHNA W/O SRINIVASAN KEERANATTI THIMMARAYAN R/A 6, MAMATHA FARM GADIGE MAIN ROAD BOGADI VILLAGE, KASABA HOBLI MYSORE - 570 026. 4. SRI GOVINDE GOWDA S/O KENCHE GOWDA R/AT 258/3, MAMATHA FARM SBM LAYOUT, NEAR SBM ARCH BOGADI MYSORE - 570 026. 5. SRI GIRI GOWDA S/O KENCHE GOWDA R/A 2510/3, MAMATHA FARM SBM LAYOUT, NEAR SBM ARCH BOGADI, MYSORE - 570 026. 6. HONNE GOWDA S/O KENCHE GOWD R/A 2510/3, MAMATHA FARM SBM LAYOUT, NEAR SBM ARCH BOGADI MYSORE - 570 026. …ACCUSED (BY SRI. GOUTHAM M – ADVOCATE FOR ACCUSED NOS.1 & 2; ACCUSED NOS. 3 TO 6 ARE SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT , 1971, PRAYING TO INITIATE PROCEEDINGS UNDER THE CONTEMPT OF COURTS ACT, 1971, AND PUNISH THE ACCUSED PERSONS FOR WILLFUL DISOBEDIENCE OF THE ORDER OF LEARNED LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY (CCH-89) DATED 08.04.2022 IN COM A.A.NO.198/2021. - 3 - NC: 2025:KHC:3679-DB CCC No. 614 of 2022 THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding is initiated by the complainant for disobedience of the order passed by the Commercial Court in Com.A.A.No.198/2021 dated 08.04.2022. 2. Learned counsel Sri Praveen Thimmaiah for the complainant is present before the Court physically and represents Sri K.R.Krishna Murthy who is on record. 3. Learned counsel Sri Goutham M for Accused Nos.1 and 2 is present before the Court physically. He submits that the complainant had filed an application under Section 9 of Arbitration and Conciliation Act before the Commercial Court in Com.A.A.No.198/2021 and sought for interim measures restraining the respondents from alienating the - 4 - NC: 2025:KHC:3679-DB CCC No. 614 of 2022 suit schedule properties and third party right. The Court below had partly allowed the said application. Being aggrieved by the said order, respondent Nos.1 to 3 herein had preferred an appeal before this Court in Com.AP No.195/2022 and this Court vide order dated 05.05.2022 had stayed the impugned order subject to deposit of Rs.1,25,00,000/-. He submits that the said amount has been deposited before this Court. He also submits that arbitration proceeding is pending before the Sole Arbitrator in respect of the issues between the complainant and the respondent Nos.1 to 3. This submission is placed on record. 4. Keeping in view the submission made by the learned counsel for Accused Nos.1 and 2, there is no consequence to persuade this contempt proceeding. Accordingly, the contempt proceeding is dropped. 5. Counsel for accused has filed application under Section 355 r/w Section 528 of BNSS seeking to exempt the personal appearance of accused No.2. The reasons - 5 - NC: 2025:KHC:3679-DB CCC No. 614 of 2022 stated in the application are found to be justifiable and also acceptable. Consequently, the application is allowed and personal appearance of accused No.2 is exempted. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB