- 1 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.4174 OF 2019 (IPR) C/W MISCELLANEOUS FIRST APPEAL NO.4173 OF 2019 (IPR) MISCELLANEOUS FIRST APPEAL NO.4175 OF 2019 (IPR) MISCELLANEOUS FIRST APPEAL NO.4176 OF 2019 (IPR) IN MFA NO.4174/2019 BETWEEN: MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN: U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797) “ANNAPOORNA” 10TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR, MR. M. SATISH KUMAR S/O LATE MR. MARIYAPPA AGED ABOUT 48 YEARS. …APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE) AND: 1. MSK COURIER & CARGO PRIVATE LIMITED CIN: U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER KOTHRUD PUNE, MAHARASHTRA-411038 REPRESENTED HEREIN BY ITS DIRECTOR MR. SANJEEV KAMAL CHOUDHARY. 2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY PLOT NO.C NEAR CITY PRIDE THEATERE, KOTHRUD PUNE, MAHARASHTRA-411038. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A. NO.3 IN O.S.NO.4610/18 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.3 FILED U/O.39 RULE 1&2 R/W SECTION 151 OF CPC. IN MFA NO.4173/2019 BETWEEN: MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN:U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797), “ANNAPOORNA” 10TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR, MR. M. SATISH KUMAR S/O LATE MR. MARIYAPPA AGED ABOUT 48 YEARS. ...APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE) AND: 1. MSK COURIER & CARGO PRIVATE LIMITED CIN:U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE - 3 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411 038 REPRESENTED HEREIN BY ITS DIRECTOR, MR. SANJEEV KAMAL CHOUDHARY. 2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038. ...RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 07.02.2019 PASSED ON IA NO.2 IN O.S.NO.4610/2018 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.2 FILED U/O.39 RULE 1&2 R/W SECTION 151 OF CPC. IN MFA NO.4175/2019 BETWEEN: MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN:U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797) “ANNAPOORNA” 10TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR, MR. M. SATISH KUMAR S/O LATE MR. MARIYAPPA, AGED ABOUT 48 YEARS. ...APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER AND: 1. MSK COURIER & CARGO PRIVATE LIMITED CIN: U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038 REPRESENTED HEREIN BY ITS DIRECTOR MR. SANJEEV KAMAL CHOUDHARY. 2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411 038. ...RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A.NO.4 IN O.S.NO.4610/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, AT BENGALURU CITY, (CCH.NO.10), DISMISSING I.A.NO.4 FILED UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC. IN MFA NO.4176/2019 BETWEEN: MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN:U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797) “ANNAPOORNA” 10TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR MR. M. SATISH KUMAR - 5 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER S/O LATE MR. MARIYAPPA AGED ABOUT 48 YEARS. ...APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE) AND: 1. MSK COURIER & CARGO PRIVATE LIMITED CIN: U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038 REPRESENTED HEREIN BY ITS DIRECTOR MR. SANJEEV KAMAL CHOUDHARY. 2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038. ...RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A.NO.7 IN O.S.NO.4610/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, AT BENGALURU CITY, (CCH.NO.10), ALLOWING I.A.NO.7 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 6 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER ORAL JUDGMENT These appeals arise out of interlocutory applications filed by the appellant/plaintiff in O.S.No.4610/2018, seeking temporary injunction against the respondents/defendants. The trial Court by order dated 07.02.2019 rejected the applications filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, leading to the present appeals. 2. Learned counsel for the appellants has filed a memo stating that, during the pendency of these appeals, the suit in O.S.No.4610/2018, has been finally disposed of and the appeals have become infructuous. 3. Memo reads as under: “The above appeal has been filed challenging the order dated 07.02.2019 passed by the Trial Court in O.S.No.4610/2018 rejecting the interlocutory applications filed by Appellant/Plaintiff seeking temporary injunction against Respondents/Defendants. - 7 - HC-KAR NC: 2025:KHC:46801 MFA No. 4174 of 2019 C/W MFA No. 4173 of 2019 MFA No. 4175 of 2019 AND 1 OTHER Subsequently, trial in the matter has been concluded and after hearing the matter on merits, the Learned Trial Court has been pleased to decree the suit of the Appellant/Plaintiff vide judgment dated 04.09.2023. It is therefore submitted that therefore the above appeals do no survive for consideration.” 4. Memo is taken on record. 5. In view of memo and undisputedly the suit has been disposed of, the appeals are dismissed as having become infructuous. 6. Pending IAs, if any, would not survive for consideration. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 60