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2025 DAILYLAW 26825 (KAR)

MOTO BUSINESS SERVICE INDIA PRIVATE LIMITED v. MOTHERPOD INNOVATIONS PRIVATE LIMITED

COMAP/284/2025 · 2025-06-16

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20605-DB COMAP No. 284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 284 OF 2025 BETWEEN: 1. MOTO BUSINESS SERVICE INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT SALARPURIA ANNEX 2ND FLOOR, 1 LUSKAR, HOSUR ROAD CHIKKU LAKSHMAIAH LAYOUT KORAMANGALA BENGALURU KARNATAKA - 560 030 REPRESENTED BY IT AUTHORIZED SIGNATORY MR. AAYUSH SINHA S/O RAJESH KUMAR SINHA AGED ABOUT 27 YEARS …APPELLANT (BY SRI. TARUNN SURANA, ADVOCATE) AND: 1. MOTHERPOD INNOVATIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20605-DB COMAP No. 284 of 2025 THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT No.1340, 10TH CROSS INDIRANAGAR, 2ND STAGE BENGALURU KARNATAKA - 560 038 …RESPONDENT (BY MS. ANUSHREE G, ADVOCATE FOR SRI UDAY SHANKAR R, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.04.2025 PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL COURT AND SESSIONS JUDGE, BENGALURU (CCH-88), IN COMM. AA. 198/2024 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) 1. This appeal has been filed challenging the order dated 29.04.2025 passed by the LXXXVII Additional City Civil Court and Sessions Judge, Bengaluru whereby the Trial Court has dismissed I.A No.16 filed by the appellant herein. 2. Suffice to state that on 10.07.2024, an interim order was passed by the Trial Court thereby injuncting the respondent - 3 - HC-KAR NC: 2025:KHC:20605-DB COMAP No. 284 of 2025 from using vehicles leased from the appellant herein till the next date of hearing. It appears that the interim order was being continued till 12.03.2025, when the arbitration application was heard. As there was no extension of the interim order on 12.03.2025, the learned counsel for the appellant filed an application, being I.A No.16, which was under Section 151 of the Code of Civil Procedure, 1908 seeking extension of the temporary injunction. It was the said application which was dismissed vide the impugned order on 29.04.2025, by the Trial Court. 3. The learned counsel for the respondent who appears in the proceedings would fairly state that she has no objection if the interim order passed on 10.07.2024 is extended till 23.06.2025 when the arbitration application, pending consideration is finally heard. She also states that continuation of the interim order shall depend on the outcome of the arbitration application. The submission of the learned counsel for the respondent is agreeable to the learned counsel for the appellant. - 4 - HC-KAR NC: 2025:KHC:20605-DB COMAP No. 284 of 2025 4. If that be so, we dispose of the appeal continuing the interim order dated 10.07.2024 till such time the arbitration application is decided within two weeks of the hearing of the counsel for the parties on 23.06.2025. 5. The appeal is disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 3