- 1 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 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. 17759 OF 2025 (GM-CPC) BETWEEN: SATCHMO HOLDINGS LIMITED (FORMERLY NEL HOLDINGS SOUTH LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.110, ANDREWS BUILDING LEVEL 1, M.G.ROAD, BENGALURU – 560 001 THROUGH ITS AUTHORISED REPRESENTATIVE MR. K.B.SWAMY. …PETITIONER (BY SRI K.N.PHANINDRA, SENIOR ADVOCATE A/W., SMT. KRUTIKA RAGHAVAN, AND SMT. SAMEEKSHA PATIL, ADVOCATES) AND: 1. B.ABHAYRAJ SHETTY AGED ABOUT 54 YEARS S/O LATE B.RAMANATH R/AT NO. 24, M.N.KRISHNA ROAD BASAVANAGUDI, BENGALURU – 560 004. 2. BHARATHI SHETTY AGED ABOUT 53 YEARS D/O LATE B.RAMANATH Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 of 2025 R/AT FLAT NO. 301 SALAPURIA ARISTOCRACY NO. 76, 14TH CROSS J.P.NAGAR, 1ST PHASE BENGALURU – 560 004. 3. GURU AND JANA CHARTERED ACCOUNTANTS HAVING OFFICE AT NO. 41 PATALAMMA TEMPLE STREET BASAVANGUDI BENGALURU – 560 004 REPRESENTED BY ITS MANAGING PARTNER MR. GURU PRASAD MAKAM. …RESPONDENTS (BY SRI D.R.RAVISHANKAR, SENIOR ADVOCATE FOR SRI B.RAVINDRA PRASAD, ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER AND GRANT AN ORDER OF AD-INTERIM EX- PARTE ORDER AS PRAYED FOR IN I.A. NO. 2 AND 3, IN M.A. NO. 57/2025, FILED BEFORE THE HON’BLE VII ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C, BENGALURU RURAL DISTRICT AT BENGALURU, UNDER ORDER XXXIX RULES 1 AND 2, READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE 1908 ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – plaintiff is before this Court on the grievance that the first appellate Court has not considered the applications – I.A.Nos.II and III filed under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, seeking temporary injunction in M.A.No.57/2025 and call in question the summoning of the respondents - defendants. 2. 2. Heard Sri K.N.Phanindra, learned senior counsel for Smt.Krutika Raghavan and Smt. Sameeksha Patil, learned counsel for petitioners and Sri D.R.Ravinshankar, learned senior counsel for Sri B.Ravindra Prasad, learned counsel for respondent Nos.1 and 2. 3. The petitioner was before this Court in W.P.No.26432/2024. A coordinate bench of this Court on 13.12.2024, recalled the order dated 27.09.2024 granting temporary injunction while entertaining the petition and passed the following order: “Therefore, this writ petition stands disposed off on the following terms:- - 4 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 of 2025 (i) The order of injunction granted by this Court on 27.09.2024 is recalled. (ii) The Trial Court shall consider the applications (I.A.Nos.1 and 2) filed by the petitioner/plaintiff on merits, uninfluenced by any observations made hereinabove, and in accordance with law within a period of two months from the date of receipt of a certified copy of this Order. (iii) Any alienation made shall be subject to the outcome of the suit before the Civil Court or any other proceedings pending before any other Court. (iv) The respondents shall not take shelter of any proceedings before the Mediation Centre to dodge the consideration of the applications for interim injunction.” The coordinate bench directed the trial Court to consider the applications on merits, uninfluenced by the observations made in the course of the order supra, in accordance with law, within a period of two months from the date of receipt of the certified copy of the order. The coordinate bench also ordered that any alienation if made, would be subject to the outcome of the suit before the civil Court or any proceedings pending before any other Court. The matter goes back to the trial Court and the concerned Court rejects the applications, seeking temporary injunction filed by the petitioner – plaintiff on 29.03.2025. Challenging this order of rejection, the petitioner - 5 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 of 2025 approaches the appellate Court in M.A.No.57/2025. The appellate Court on hearing the petitioner – plaintiff, without granting or rejecting to grant the relief sought, has issued summons to the respondents on 04.06.2025. This order has drive the petition to this Court in the subject petition. 4. Sri K.N.Phanindra, learned senior counsel for the petitioner taking this Court through the conditions of the compromise drawn between the two would submit that the criminal cases have not been withdrawn and there is breach of the compromise. 5. Same is the submissions of the learned senior counsel for the respondents that there are several breaches by the petitioner. Be those submissions as they are. 6. As the matter is pending before the concerned Court and the respondents are already represented, I deem it appropriate to direct the concerned Court to pass necessary orders on the applications – I.A.Nos.2 and 3 in M.A.No.57/2025, within 3 weeks from the date of receipt of a copy of the order. - 6 - HC-KAR NC: 2025:KHC:22222 WP No. 17759 of 2025 7. Learned senior counsel at this juncture would submit that a direction be issued to the respondents restraining them from alienating the properties. The said submission would not merit acceptance as in terms of Clause 3 of the order passed by the coordinate bench which is quoted supra, a direction is already issued and observed that if any alienation happens, it would be subject to the outcome of the suit. In that light, the protective order that the petitioner seek cannot be granted. 8. As observed hereinabove, the concerned Court shall consider the pending applications and pass appropriate orders within 3 weeks from the date of receipt of a copy of the order. Accordingly, the writ petition stands disposed. I.A.No.1/2025 also stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 3 Sl No.: 19 CT:SS