- 1 - HC-KAR NC: 2025:KHC:49012 RP No. 426 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. 426 OF 2024 BETWEEN: M/S. ASWATI INNS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 12TH FLOOR BARTON CENTRE, 84, M.G.ROAD, BANGALORE KARNATAKA, INDIA - 560 001 REPRESENTED DIRECTOR BY MR. NAKUL RAJARAM ...PETITIONER (BY SRI ROHAN KOTHARI, ADVOCATE) AND: 1. M/S. BARTON REAL ESTATE INVESTMENTS PVT. LTD., A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 201, 2ND FLOOR, BARTON CENTRE 84, M.G.ROAD, BENGALURU - 560 001. REP. BY ITS DIRECTORS MR. AASHISH B METHA AND MR. DANISH FAROOQ. 2. M/S. SOUTHERN INVESTMENTS (A COMPANY PRESENTLY UNDER LIQUIDATION) HAVING ITS REGISTERED OFFICE AT NO.65, MONTIETH ROAD, EGMORE MADRAS - 600 008. REPRESENTED BY ITS LIQUIDATOR MR. S.KANGAYAN HAVING REGISTRATION NO Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49012 RP No. 426 of 2024 IBBI/IPA- 002/N00866/2019-2020/12770. EMAILD ID: kangayan.s@gmail.com ...RESPONDENTS (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI VIVEK HOLLA, ADVOCATE FOR R1 R2 IS SERVED) THE REVIEW PETITION UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1906 PRAYING TO REVIEW THE IMPUGNED JUDGMENT AND DECREE DATED 03.11.2023 (AS AMENDED VIDE ORDER DATED 14.12.2023) PASSED BY THIS HONBLE COURT IN RFA NO. 521/2021 (ANNEXURE-A). THIS PETITION, COMING ON FOR FINAL HEARING, 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. 2. Heard learned counsel for the petitioner, learned Senior Counsel for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:49012 RP No. 426 of 2024 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. 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 - 4 - HC-KAR NC: 2025:KHC:49012 RP No. 426 of 2024 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 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. - 5 - HC-KAR NC: 2025:KHC:49012 RP No. 426 of 2024 (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.: 31.2