M/S MEDIKONDA CONSTRUCTIONS PVT LTD., v. M/S VOLVO FINANCIAL SERVICES INDIA PVT LTD.,
WP/15397/2025 · 2025-06-25
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27381 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27381 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22290 WP No. 15397 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15397 OF 2025 (GM-CPC) BETWEEN:
1.
M/S. MEDIKONDA CONSTRUCTIONS PVT. LTD., REGISTERED UNDER COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR, M. PADMA MOHAN 26-11-3330-1A, CHAITANYAPURI COLONY, VEDAYAPALEM, NELLORE CITY, SPSR NELLORE DISTRICT, ANDRA PRADESH – 524 001
2.
MEDIKONDA PADMA MOHAN S/O. VENKAIAH NAIDU, AGED ABOUT 50 YEARS, 26-11-3330-1A, CHAITANYAPURI COLONY, VEDAYAPALEM, NELLORE CITY, SPSR NELLORE DISTRICT, ANDRA PRADESH – 524 001. …PETITIONERS (BY SRI ASHOKA T., ADVOCATE) AND:
1.
M/S.VOLVO FINANCIAL SERVICES (INDIA) PVT. LTD., FORMERLY KNOWN AS
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:22290 WP No. 15397 of 2025
M/S. VOLVO ASSET FINANCE INDIA PVT. LTD., HAVING ITS CORPORATE OFFICE AT 65/2, BAGMANE TECH PARK, BLOCK A, 5TH FLOOR, PARIN BUILDING, CV RAMAN NAGAR, BENGALURU – 560 093.
REPRESENTED BY ITS LEGAL COLLECTION MANAGER MS. NIMI NAIR. …RESPONDENT (BY SMT.SREEDEVI K.B., ADVOCATE FOR SRI JAI M. PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 03.05.2025 PASSED BY THE LXXXII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU IN COM. AP NO.
68/2025 ON I.A NO.1 INSOFAR AS IT PERTAINS TO NON- GRANTING OF EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT VIDE ANNEXURE- A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioners are before this Court seeking the following prayers:
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HC-KAR NC: 2025:KHC:22290 WP No. 15397 of 2025
“(a) Issue a writ in the nature of certiorari or any other Writ setting aside the Order dated 03.05.2025 passed by the LXXXII Addl. City Civil and Session Judge, Bengaluru in Com. AP No. 68/2025 on I.A No.1 insofar as it pertains to non-granting of Ex-parte temporary injunction against the respondent vide Annexure- A;
(b) Allow the application bearing I.A No.1 filed by the Petitioner in Com. AP No. 68/2025 before LXXXII Addl. City Civil and Session Judge, Bengaluru vide Annexure-D and thereby issue an Ex-parte stay against the Respondents or his agents or any persons claiming under or through them from dispossessing the petitioners of all 15 vehicles owned and used by them depriving livelihood/business operations, pending disposal of the suit bearing Com. A.P No.68/2025 before LXXXII Addl. City Civil and Session Judge, Bengaluru. (c) Grant such other relief’s or pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.”
2. The petitioners institute proceedings before the concerned Court in Commercial Arbitration Petition No. 68 of
2025. The concerned Court has refused to grant an exparte interim order of stay of the arbitral award as sought by the petitioners. Therefore, the petitioners are before this Court in the subject petition. - 4 -
HC-KAR NC: 2025:KHC:22290 WP No. 15397 of 2025
3. Heard the learned counsel Sri Ashoka T, appearing for petitioners and the learned counsel Smt. Sreedevi K. B., appearing for the respondent. 4. The learned counsel appearing for the respondent submits that the matter be remitted back to the concerned Court in the light of the respondent entering appearance. 5. In that light, I deem it appropriate to direct the parties to the lis to approach the concerned Court and the concerned Court to pass necessary orders on the application as sought for by the petitioner. Till such time, the interim order subsisting, as granted on 02-06-2025, shall continue. 6. Since the parties are represented before this Court and the learned counsels submit that they are representing before the concerned Court as well, parties shall appear before the concerned Court on 04-07-2025.
The Court shall conclude the proceedings qua the application within 15 days from 04-07- 2025 and the interim order would operate for another 15 days from 04-07-2025. - 5 -
HC-KAR NC: 2025:KHC:22290 WP No. 15397 of 2025
With the aforesaid observations, petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
BKP List No.: 1 Sl No.: 45