- 1 - NC: 2025:KHC:11541 WP No. 35304 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35304 OF 2019 (GM-CPC) BETWEEN: M/s. TATA HITACHI CONSTRUCTION MACHINERY COMPANY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT JUBILEE BUILDING 45, MUSEUM ROAD, BENGALURU - 560 025 AND REPRESENTED HEREIN BY ITS COMPANY SECRETARY AND DULY CONSTITUTED ATTORNEY MR. A. AZHAGESAN S/O LATE MR.P. AYYAMPERUMAL AGED ABOUT 55 YEARS. …PETITIONER (BY SRI. RICOB CHAND AND SRI. GOVINDA J.L., ADVOCATES) AND: 1. TOPSGRUP SERVICES LTD., (FORMERLY KNOWN AS TOPS SECURITY LTD.) NO.5, ROYAL PALMS GOL & COUNTRY CLUB, AAREY MILK COLONY GOREGAON (E), MUMBAI - 400 065. 2. MR. DIWAN RAHUL NANDA FATHER'S NAME AND AGE NOT KNOWN, GROUP CHAIRMAN & FOUNDER TOPSGRUP SERVICES LTD., NO.5, ROYAL PALMS GOLF & COUNTRY CLUB AAREY MILK COLONY, GOREGAON (E), MUMBAI 400 065. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11541 WP No. 35304 of 2019 3. MR. RAMESH IYER FATHER'S NAME AND AGE NOT KNOWN VICE CHAIRMAN, TOPSGRUP SERVICES LTD., NO.5, ROYAL PALMS GOLF & COUNTRY CLUB, AAREY MILK COLONY, GOREGAON (E), MUMBAI - 400 065. 4. MS. RASSHI NANDA FATHER'S NAME AND AGE NOT KNOWN SR. VICE PRESIDENT, TOPSGRUP SERVICES LTD., NO.5, ROYAL PALMS GOLF & COUNTRY CLUB, AAREY MILK COLONY, GOREGAON (E), MUMBAI - 400 065. …RESPONDENTS (BY SRI. DHANUSH AND MANJUNATHA B., ADVOCATES FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- A ORDER DATED 06TH AUGUST 2019 PASSED BY THE COURT OF XXIX ADDL CITY CIVIL JUDGE, BENGALURU CITY (CCH-30) IN ISSUING EMERGENT NOTICE AND REFUSING TO GRANT AD- INTERIM ORDER OF INJUNCTION IN I.A.NOS.1 & 2 IN O.S.NO.5749/2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Sri.Ricob Chand and Sri.Govinda J.L., learned counsel files memo of appearance on behalf of the petitioner and undertakes to file vakalath within a week's time. - 3 - NC: 2025:KHC:11541 WP No. 35304 of 2019 Permission granted. 2. Petitioner, who is a plaintiff in O.S.No.5749/2019 pending consideration on the file of XXIX ACCJ, Bengaluru, is before this Court being aggrieved by the order dated 06.08.2019 by which the trial Court while declining to grant ad interim order of injunction had issued emergent notice. 3. Learned counsel for the petitioner seeks leave of the Court to withdraw the petition to pursue the application pending in the aforesaid suit. 4. Submission is taken on record. Petition is dismissed as withdrawn with liberty to pursue the application pending consideration before the trial Court in O.S.No.5749/2019. SD/- (M.G.S. KAMAL) JUDGE SBN