- 1 - HC-KAR NC: 2025:KHC:48694 RP No. 400 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REVIEW PETITION NO. 400 OF 2024 BETWEEN: M/S. LEKHRAJ CORP. PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 NO. 207, RAMNIMI BUILDING, 8 MANDLIK ROAD, COLABA MUMBAI - 400 001. REPRESENTED BY ITS DIRECTOR MR. SANJEEV LEKHRAJ. …PETITIONER (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE) AND: 1. M/S. BARTON REAL ESTATE INVESTMENTS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, NO. 201, 2ND FLOOR, BARTON CENTRE 84, M.G.ROAD, BENGALLURU - 560 001 REP. BY ITS DIRECTOR AASHISH B.METHA AND DANISH FAROOQ. 2. M/S. SOUTHERN INVESTMENTS A COMPANY REGISTERED UNDER THE COMPANIES ACT, NO. 65, MONTIETH ROAD, EGMORE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48694 RP No. 400 of 2024 CHENNAI - 600 008 REPRESENTED BY ITS LIQUIDATOR MR. S.KANGAYAN IBBI/IPA-002/N00886/2019-2020/12770 E-MAIL: kangayan.s@gmail.com …RESPONDENTS (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI VIVEK HOLLA, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 25.11.2025) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF THE CPC., PLEASED TO A REVIEW THE IMPUGNED JUDGMENT AND DECREE DATED 03.11.2023 PASSED BY THIS HON'BLE COURT IN RFA NO. 521/2021 (ANNEXURE A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Notice to respondent No.2 is dispensed with. This Review Petition is directed against the final Order dated 03.11.2023 (as amended vide order dated 14.12.2023) passed in RFA No.521/2021, whereby the said appeal filed by respondent No.1/appellant against respondent No.2 (sole respondent in the appeal) was allowed by this Court. - 3 - HC-KAR NC: 2025:KHC:48694 RP No. 400 of 2024 2. Heard learned counsel for the petitioner, learned Senior Counsel for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the first respondent/plaintiff instituted a suit against the second respondent/defendant for declaration, permanent injunction and other reliefs in O.S.No.7306/2017 before the City Civil Court, Bengaluru. By judgment and decree dated 23.2.2021, the Trial Court dismissed the said suit, aggrieved by which, the first respondent/plaintiff preferred an appeal in RFA No.521/2021 before this Court. The second respondent - sole defendant having been served with notice of the appeal was placed ex-parte vide order dated 4.10.2023 and did not contest the appeal. When the matter was posted before this Court on 03.11.2023, respondent No.1/appellant was heard and respondent No.2 (sole respondent in the appeal) remained ex- parte and did not contest the appeal, as a result of which, this Court proceeded to pass the final order dated 03.11.2023 allowing the appeal and decreeing the suit in favour of the first respondent/plaintiff. - 4 - HC-KAR NC: 2025:KHC:48694 RP No. 400 of 2024 4. Though several contentions urged by the review petitioner and as well as the first respondent/plaintiff in support of the respective claims, it is a matter of record and an undisputed fact that as on the date on which this Court disposed of the said appeal in RFA No.521/2021 dated 03.11.2023, the National Company Law Tribunal (NCLT), Chennai, has imposed moratorium against second respondent/defendant under Section 14 of the Insolvency and Bankruptcy Code (IBC). However, while passing the final order dated 03.11.2023, the said fact was not taken into account by this Court and as such, without expressing any opinion on the merits/demerits of the rival contentions, in the light of the moratorium imposed by the NCLT, Chennai, on the second respondent (sole respondent in RFA No.521/2021) who had remained ex-parte, I deem it just and appropriate to set aside the final order dated 03.11.2023 and restore RFA No.521/2021 for reconsideration afresh and for disposal on merits and in accordance with law. 5. In the result, I pass the following:- - 5 - HC-KAR NC: 2025:KHC:48694 RP No. 400 of 2024 ORDER (i) This Review Petition is hereby allowed. (ii) The order at 'Annexure-A' dated 03.11.2023 passed in RFA No.521/2021 is hereby set aside. (iii) RFA No.521/2021 is restored to the file of this Court. (iv) Liberty is reserved in favour of the review petitioner to file an application seeking impleadment in RFA No.521/2021. (v) If the review petitioner files such an application, first respondent (appellant in RFA No.521/2021) would be entitled to file objections to the said application, which would be considered by this Court in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE AP List No.: 1 Sl No.: 31