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2025 DAILYLAW 39182 (KAR)

SRI GYAN PRAKASH ARYA v. M/S TITAN COMPANY LTD

WP/9692/2025 · 2025-09-24

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38441 WP No. 9692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9692 OF 2025 (GM-CPC) BETWEEN: SRI. GYAN PRAKASH ARYA S/O LATE SATYAPRAKASH ARYA, AGED ABOUT 53 YEARS, SOLE PROPRIETOR, M/S R.M. JEWELRY, 2ND FLOOR, BALAJI COMPLEX, NO.81, IBRAHIM SAHIB STREET, BANGALORE - 560 001. SINCE DECEASED BY HIS LEGAL REPRESENTATIVES 1. SMT. RITU ARYA, W/O LATE GYAN PRAKASH ARYA AGED ABOUT 53 YEARS, 2. MR. BHAVESH ARYA, S/O LATE GYAN PRAKASH ARYA AGED ABOUT 32 YEARS, 3. MISS. PRERNA ARYA, D/O LATE GYAN PRAKASH ARYA AGED ABOUT 27 YEARS, R/AT NO. 2105, SOBHA PETUNIA VEERANPALYA MAIN ROAD, NAGAWARA, BENGALURU - 560 042. …PETITIONER (BY SRI. M.P. SRIKANTH, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38441 WP No. 9692 of 2025 AND: M/S TITAN COMPANY LTD., TOWER A GOLDEN ENCLAVE, AIRPORT ROAD, BANGALORE - 560 017, REPRESENTED BY ITS P.A. HOLDER AND LANE OFFICER SRI. RAMESH BHAT K REGISTER UNDER COMPANIES ACT. …RESPONDENT (BY MS. AKSHATA BENEGAL, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 26/10/2024 PASSED ON COMMERCIAL EXECUTION NO. 46/2020 BY THE LXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-88), BENGALURU VIDE ANNX-AL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38441 WP No. 9692 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "a) Set aside the order dated 26.10.2024 passed on Commercial Execution No.46/2020 by the LXXXVII Addl. City Civil and Sessions Judge (CCH-88), Bengaluru vide ANNEXURE-AL, in the ends of justice. b) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity." 2. Heard Sri. M.P. Srikanth, learned counsel appearing for the petitioners, Ms. Akshata Benegal, learned counsel appearing for the respondent and have perused the material on record. 3. Owing to the submissions made by the learned counsel appearing for the petitioners, this Court, on 20.08.2025 had passed the following order: - 4 - HC-KAR NC: 2025:KHC:38441 WP No. 9692 of 2025 "There shall be an interim order of stay of further proceedings before the concerned Court, subject to the condition that the petitioner would pay Rs.1,50,000/- to the respondent within four weeks. List this matter on 24.09.2025 in Preliminary Hearing." 4. Learned counsel appearing for the petitioners would submit the learned counsel for the respondent had submitted that, if another Rs.50,000/- is paid, it would suffice and the matter could be closed, which is also paid during the subsistence of the petition. 5. In that light, learned counsel appearing for the parties would submit that the order be set aside and the matter be treated as closed between the parties. 6. Therefore, in the light of the said submission, I deem it appropriate to pass the following: ORDER (i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:38441 WP No. 9692 of 2025 (ii) The impugned order dated 26.10.2024 passed on Commercial Execution No.46/2020 by the LXXXVII Additional City Civil and Sessions Judge (CCH-88), Bengaluru, stands quashed. (iii) In the light of the compliance as observed hereinabove, the matter stands closed between the parties on all counts. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 48 CT: BHK