- 1 - HC-KAR NC: 2025:KHC:25701-DB COMAP No. 369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 369 OF 2025 BETWEEN: M/S CATALYST TRUSTEESHIP LIMITED, HAVING ITS REGISTERED OFFICE AT GDA HOUSE, FIRST FLOOR, PLOT NO. 85 S.NO.94 AND 95, BHUSARI COLONY (RIGHT) KOTHRUD, PUNE - 411 038. THROUGH AUTHORISED SIGNATORY MR. RAVI.D, EMAIL.catalystlegal@ctltrustee.com …APPELLANT (BY SRI PRABHULING.K NAVADGI, SENIOR ADVOCATE FOR SRI TEJAS S R, ADVOCATE, MR. PRASHANT KUMAR, ADVOCATE, MR. ANKIT RAJGARHIA, ADVOCATE, MR. SAMAR SINGH, ADVOCATE) AND: 1. SRI B S N HARI, S/O LATE SRI SATYANNA, R/AT NO.1, GUTTEN ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BENGALURU-560 027. 2. SRI D RAVISHANKAR, S/O LATE SRI DASAPPA, R/AT NO.40, 2ND CROSS, CAMBRIDGE LAYOUT, BENGALURU-560 008. Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25701-DB COMAP No. 369 of 2025 3. CASTLES VISTA PRIVATE LIMITED, (FORMERLY KNOWN AS MANTRI CASTLES PRIVATE LIMITED), HAVING ITS REGISTERED OFFICE AT: C-5, RICH HOMES, NO.5/1, RICHMOND ROAD, RICHMOND TOWN, BANGALORE NORTH, BANGALORE, KARNATAKA - 560025. 4. PROPCARE DEVELOPERS PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: C-5, RICH HOMES, NO.5/1, RICHMOND ROAD, RICHMOND TOWN, BANGALORE NORTH, BANGALORE, KARNATAKA-560 025. 5. OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: NO.9, M P NAGAR, FIRST STREET, KONGU NAGAR EXTENSION, TIRUPUR-641 607. 6. SHRI SUSHIL PANDURANG MANTRI, S/O SRI PANDURANG JIVRAJ MANTRI R/AT: NO.41, VITTAL MALLYA ROAD, BANGALORE-560 001. 7. DB INTERNATIONAL (ASIA) LIMITED, HAVING ITS REGISTERED OFFICE AT: 12, MARINA BOULEVARD, LEVEL 18, MARINA BAY FINACIAL CENTRE TOWER 3, SINGAPORE-018 982. 8. DEUTSCHE INVESTMENTS INDIA PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: DB HOUSE, HAZARIMAL SOMANI MARG, FORT, MUMBAI-400 001. …RESPONDENTS (BY MR. ANANTHARAM G.R, ADVOCATE FOR R-1 & 2; MR. CHINTAN CHINNAPPA, ADVOCATE FOR R-5; MS. MAITREYI B KANNUR, ADVOCATE FOR R-7 & 8; R-3, 4 & 6 ARE MADE EX-PARTE V/O DATED 14.07.2025) - 3 - HC-KAR NC: 2025:KHC:25701-DB COMAP No. 369 of 2025 THIS COMAP/COMMERCIAL APPEAL UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED APRIL 23, 2025 IN COM.OS.NO.588/2025, PASSED BY THE COURT OF LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-88) IN INTERIM APPLICATION NO.5 AND 8 OF 2025 IN THE MATTER TITLED SRI B.S.N HARI AND ANR. V CASTLES VISTA PRIVATE LIMITED AND ORS. 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) Challenge in this appeal is against the ex-parte order dated 23.04.2025 in Com.OS.No.588/2025 passed by the LXXXVII Additional City Civil and Sessions Judge, (Exclusive dedicated Commercial Court), Bengaluru on I.A.Nos.5 and 8 which are primarily applications filed under Order XXXIX Rules 1 and 2 of CPC. - 4 - HC-KAR NC: 2025:KHC:25701-DB COMAP No. 369 of 2025 2. Mr.Anantharam G.R., learned counsel appears for respondent Nos.1 and 2. 3. Learned Senior Counsel for the appellant states that this appeal is primarily directed against respondent Nos.1 and 2 as the interim order on I.A.Nos.5 and 8 have been granted in favour of the said respondents. In other words, for the purpose of this appeal respondent Nos.3 to 8 may not be necessary parties. That apart respondent Nos.3, 4 and 6 were ex- parte before the Trial Court. Further the respondent Nos.7 and 8 are represented by learned counsel Ms. Maitreyi B Kannur. 4. We have been informed that the date of hearing before the trial Court is 15.07.2025 tomorrow. If that be so, appropriate shall be that the trial Court shall hear the counsel for the parties on the IA.Nos.5 and 8 on 15.07.2025 and if need be on 16.07.2025 and decide the applications within 10 days thereafter. - 5 - HC-KAR NC: 2025:KHC:25701-DB COMAP No. 369 of 2025 5. Learned counsel for the parties states in view of this order, the appeal be disposed of. It is ordered accordingly. 6. Pending application(s), if any, shall stand disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 51