- 1 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26084 OF 2025 (GM-CPC) BETWEEN: 1. MR. AMITABH GOYAL AGED ABOUT 45 YEARS 22,MOYENVILLA ROAD, LONGFORD ROAD, BANGALORE NORTH, BANGALORE - 56005 2. MR. RAJU KRISHNA EKDEN S/O P.M KRISHNA EKDEN AGED ABOUT 64 YEARS RESIDING AT NO. 106,IRIS PAWANI RESIDENCY, OPP.RAIL WHEEL FACTORY, YELAHANKA, BANGALORE - 560 064. 3. MR. ARSHAD AHMLED C.N S/O NISAR AHMED AGED ABOUT 34 YEARS RESIDING ATN0.153, NEAR SITARAMA TEMPLE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 5TH CROSS, RAMAIAH LAYOUT, 2ND STAGE PEENAYA, BANGALORE - 560 058 …PETITIONERS (BY SRI. AKSHATA BENEGAL, ADVOCATE) AND: 1. SENSAROM FOODS PRIVATE LIMITED COMPANY AS REGISTERED UNDER COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.529, 10TH MAIN KROAD, 4TH PHASE, PEENAYA INDUSTRIAL AREA, BANGALORE - 560 058 REP. BY ITS MANAGING DIRECTOR SRI. B. HARISH MALLYA …RESPONDENT (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SET ASIDE THE ORDER DATED 25.07.2025 PASSED BY THE HONBLE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU - 3 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 (CCH-16) ON I.A. NOS. 1 OF 2025 IN O.S. NO. 5179/2025 (ANNEXURE -A), IN THE INTERESTS OF JUSTICE AND EQUITY 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 The petitioners are before this court seeking the following prayers: "a. Set aside the Order dated 25.07.2025 passed by the Hon'ble XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16) on I.A.Nos.1 of 2025 in O.S.No.5179/2025 (ANNEXURE A), in the interests of justice and equity; and b. Pass such other/further order/s as this Hon'ble court deems necessary, in the interests of justice and equity." 2. Heard Ms. Akshata Benegal, learned counsel appearing for the petitioner and Shri Siddarth Suman, learned counsel appearing for the respondent. 3. This court owing to the submission of the learned counsel appearing for the petitioner in order to protect the interests had passed the following order on 16.09.2025: - 4 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 "Petitioners shall serve on the counsel who represents the respondent in the trial proceedings and file an acknowledge to the effect of such service by 19.09.2025. Petitioners are before this Court calling in question an order of grant of a temporary injunction, ex parte. Learned counsel Sri.Siddarth Suman who is present before the Court undertakes to enter appearance for the plaintiff and would submit that the talks of settlement between the two are on, as is projected before the concerned Court. If that be so, the plaintiff shall not precipitate the matter till the next date of hearing. Learned counsel for the petitioners would dispute any such talks of settlement being afoot. List this matter on 19.09.2025." 4. Shri Siddharth Suman, learned counsel representing the respondent submits that the petition is not entertainable on the score that the petitioners have preferred an application seeking vacation of the interim order, as obtaining under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 ('the CPC' for short), which is pending adjudication before the concerned court. 5. The learned counsel appearing for the petitioners submits that the subject petition is preferred within the expiry of 30 days of the interim injunction granted and now it is - 5 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 beyond 30 days and the court may not consider the application under Order XXXIX Rule 4 of the CPC. 6. In the light of the said submission, I deem it appropriate to direct the concerned court to answer the application filed under Order XXXIX Rule 4 of the CPC by the petitioners seeking vacation of the injunction. 7. The concerned court shall afford such opportunity to both the parties and hear the application so filed by the petitioner seeking vacation of the interim injunction that is granted in favour of the respondent and pass necessary orders in accordance with law, within an outer limit of two weeks from the date of receipt of the copy of the order. 8. The learned counsel appearing for the respondent would submit that the next date before the concerned court is 25.09.2025 and he may be permitted to file his objections by the said date. 9. The learned counsel appearing for the respondent is permitted to file his objections to the application seeking vacation of the interim order of injunction, filed under Order - 6 - HC-KAR NC: 2025:KHC:37616 WP No. 26084 of 2025 XXXIX Rule 4 of the CPC, in the peculiar facts of this case, but before the next date, before the concerned court. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 64 CT: BHK