- 1 - HC-KAR NC: 2025:KHC:25476 WP No. 19469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19469 OF 2025 (GM-CPC) BETWEEN: 1. M/S PROPCARE DEVELOPERS PVT. LTD., (EARLIER KNOWN AS M/S MANTRI DEVELOPERS PRIVATE LIMITED, C-5, RICH HOMES, NO.5/1, RICHMOND ROAD, BANGALORE, KARNATAKA - 560 025, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. GIRISH GUPTA H.S. 2. M/S. MANTRI HOMES PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT MANTHRI HOUSE, NO. 41, VITTAL MALYA ROAD, BANGALORE - 560 011, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. GIRISH GUPTA H.S. …PETITIONERS (BY SRI. S. BASAVARAJ, SR. COUNSEL FOR SMT. VANDANA P.L, ADVOCATE) AND: 1. M/S. THE INDIAN BANK SAM BRANCH, HAVING ITS REGISTERED OFFICE AT NO. 10, 1ST FLOOR, INDIAN BANK BUILDING, K.G. ROAD, BANGALORE - 009, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25476 WP No. 19469 of 2025 REPRESENTED BY ITS AUTHORIZED OFFICER. 2. M/S. KRISHNAPRIYA REALTY LLP, A LIMITED LIABILITY PARTNERSHIP FIRM, HAVING OFFICE AT 100/1 CITY CENTRE, OPPOSITE TOWN HALL, JC ROAD, KARNATAKA, BANGALORE - 560 002, REPRESENTED BY ITS PARTNER, MR. AVINASH AMARLAL. …RESPONDENTS (BY SRI. DHYAN CHINNAPPA, SR. COUNSEL A/W SMT. CHITRANIRMALA P, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE TRIAL COURT VIZ HONBLE LXXXIV ADDNL. CITY CIVIL AND SESSIONS JUDGE TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS I.E. 1.A NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC SEEKING INTERIM RELIEF AND PASS APPROPRIATE ORDERS ON THE SAID APPLICATION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri S. Basavaraj, learned Senior counsel for Smt. Vandana P.L., learned counsel appearing for the petitioners and Shri Dyan Chinnappa, learned Senior counsel - 3 - HC-KAR NC: 2025:KHC:25476 WP No. 19469 of 2025 for Smt. Chitranirmala P., learned counsel appearing for respondent No.1. 2. The petitioners are before this Court seeking the following prayers: "a) Issue and appropriate writ or order directing the trial court Viz Hon'ble LXXXIV Addnl. City Civil and Sessions Judge to consider the application filed by the petitioners i.e. I.A No.2 filed under order 39 Rule 1 and 2 of CPC seeking interim relief and pass appropriate orders on the said application and b) Issue an appropriate Writ or order directing the respondent Bank to not to take any coercive steps with respect to suit schedule property till the disposal of the said applications by the trial Court and c) grant any other relief/s incidental to or consequential or both in the above said circumstances of the case and thereby render justice in terms of equity." 3. This Court owing to the nature of controversy as projected at the time of preliminary hearing of the matter had granted an interim order, which reads as follows: "Heard Sri S. Basavaraj, learned senior counsel appearing for the petitioners. The petitioners challenging the proceedings instituted by the respondent - Indian Bank invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were before this Court in W.P.No.9197/2025. The writ petition is disposed by a coordinate bench on 11.06.2025, directing the petitioners to approach the Debts Recovery Tribunal. - 4 - HC-KAR NC: 2025:KHC:25476 WP No. 19469 of 2025 The petitioners appeared before the Debts Recovery Tribunal only to be shown a circular of the Government of India transmitting all the cases before the Debts Recovery Tribunal to the Debts Recovery Tribunal, Chennai, as by then, the pecuniary jurisdiction of the Debts Recovery Tribunal had changed as any borrowal / loan amount beyond `100/- crores were to be placed before the Debts Recovery Tribunal, Chennai. On that circular, the proceedings are turned down. Therefore, the interim order that was subsisting at the time when the writ petition is pending and its continuance is of no avail now. Learned senior counsel for the petitioners further submits that an application is pending before the concerned Court filed under Order XXXIX Rules 1 and 2 of the CPC seeking temporary injunction. In that light, the respondents are restrained from precipitating the matter qua the borrowal / loan amount till the next date of hearing. Smt. Chitra Nirmala, learned counsel is directed to accept notice for the respondent – Indian Bank. Learned counsel for the petitioner on record to serve upon the learned counsel for respondent No.1 – Indian Bank, forthwith. List the matter on 09.07.2025, in preliminary hearing. Hand delivery of the order is permitted." 4. Both the learned Senior counsel representing the petitioners and respondent No.1 would submit that the matter is pending before the concerned Court, where the applications under VII Rule 11 is yet to be decided after hearing the parties. The matter is said to be listed on 11.07.2025. - 5 - HC-KAR NC: 2025:KHC:25476 WP No. 19469 of 2025 5. In the light of the matter being listed on 11.07.2025, I deem it appropriate to dispose the subject petition with a direction to the concerned Court to pass necessary orders on the application under Order VII Rule 11 after hearing both the parties. 6. In the light of the disposal, I deem it appropriate to continue the interim order dated 03.07.2025 for 24 more hours. 7. Merely, because the interim order is granted and continued, it does not mean that the concerned Court is bound by the interim order so granted, which is continued for another 24hours. The concerned Court shall answer the application in the matter that is listed before it on 11.07.2025, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY/List No.: 2 Sl No.: 47/CT: BHK