M/S NATRAJ CONSTRUCTIONS CO., v. HINDUJA LEYLAND FINANCE LIMITED
WP/6082/2023 · 2025-10-28
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48690 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48690 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6082 OF 2023 (GM-RES) C/W WRIT PETITION NOS.5766 OF 2023, 5768 OF 2023, 6050 OF 2023, 6056 OF 2023 & 6079 OF 2023 IN WP No. 6082/2023 BETWEEN:
1.
M/S NATRAJ CONSTRUCTIONS CO., A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT NO.79, NALANDA COMPLEX, JUDGES BUNGALOW ROAD, VASTAPUR, AHMEDABAD, GUJARAT - 380015.
REPRESENTED BY ITS PARTNERS MR. NIRMALKUMAR @ NIRMALBHAI N PATEL AND MR. ASHWIN N PATEL @ ASHWINBHAI N. PATEL …PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND:
1.
HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956,
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
HAVING ITS REGISTERED OFFICE AT NO.1, SARDAR PATEL ROAD, GUINDY, CHENNAI - 600032.
ALSO HAVING ITS BRANCH OFFICE AT, NO.21/1, GROUND FLOOR, JELITTA TOWERS, MISSION ROAD, BENGALURU - 560027 REPRESENTED BY ITS DIRECTOR. …RESPONDENT (BY SRI. S.M.ANEES AHMED, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE
ORDER DATED 02.02.2023 ALLOWING IA. NO.2 PASSED BY THE HON'BLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU URBAN (CCH-89) IN COM.A.A. NO.97/2023 AT ANNEXURE-A.
IN WP NO.5766/2023 BETWEEN:
1. M/S NATARAJ CONSTRUCTIONS CO A PARTNESHIP FIRM REGISTERED UNDER THE PARTNERSHI FIRM, 1932 HAVING ITS REGISTERED OFFICEA AT NO.79, NALANDA COMPLEX JUDGES BUNGALOW ROAD VASTAPUR, AHMEDABAD GUJRAJ - 380015. REPRESENTED BY ITS PARTENRS MR. NIRMAALKUMAR @ NIRMAL BHAI N PATEL
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
AND MR. ASHWIN N PATEL @ ASHWINBHAI N. PATEL ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND:
1. HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPOATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.01, SARDAR PATEL ROAD GUNIDY, CHENNAI 600032 ALSO HAVING ITS BRANCH OFFICE AT NO.21/1 GROUND FLOOR JELITTA TOWERS, MISSION ROAD BENGALURU - 560027 REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (BY SRI. S.M.ANEES AHMED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE ORDER DATED 02.02.2023 IA. NO.2 PASSED BY THE HON'BLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU URBAN (CCH- 89) IN COM.A.A. NO.100/2023 AT ANNEXURE-A.
IN WP NO. 5768/2023 BETWEEN:
1. M/S NATRAJ CONSTRUCTIONS CO A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932,
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
HAVING ITS REGISTERED OFFICE AT NO.79, NALANDA COMPLEX JUDGES BUNGALOW ROAD, VASTAPUR, AHMEDABAD, GUJARAT - 380015, REPRESENTED BY ITS PARTNERS, MR. NIRMALKUMAR @ NIRMALBHAI N. PATEL, AND MR. ASHWIN N. PATEL @ ASHWINBHAI N. PATEL ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND:
1. HINDUJA LEYLAND FINANCE LIMITED A COMAPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1, SARDAR PATEL ROAD, GUINDY, CHENNAI - 600032. ALSO HAVING ITS BRANCH OFFICE AT, NO.21/1, GROUND FLOOR, JELITTA TOWERS, MISSION ROAD, BENGALURU 560027, REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (BY SRI. S.M.ANEES AHMED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE ORDER DATED 10.02.2023 IN IA. NO.2 PASSED BY THE HON'BLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
URBAN (CCH-89) IN COM.A.A. NO.115/2023 AT ANNEXURE-A.
IN WP NO.
6050/2023 BETWEEN:
1. M/S. NATRAJ CONSTRUCTIONS CO., A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT NO. 79, NALANDA COMPLEX, JUDGES BUNGALOW ROAD, VASTAPUR, AHMEDABAD, GUJARAT-580 015,
REPRESENTED BY ITS PARTNERS, MR. NIRMALKUMAR @ NIRMALBHAI N PATEL AND MR. ASHWIN N PATEL @ ASHWINBHAI N PATEL. ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE)
AND:
1. HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1, SARDAR PATEL ROAD, GUINDY, CHENNAI-600 032. ALSO HAVING ITS BRANCH OFFICE AT NO. 21/1, GROUND FLOOR, JELITTA TOWERS, MISSION ROAD,
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BENGALURU-560 027, REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (BY SRI. S.M. ANEES AHMED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.02.2023 ALLOWING IA NO.2 PASSED BY THE HON'BLE LXXXVIII ADDL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU URBAN (CCH-89) IN COM.A.A.NO.98/2023 AT ANNEXURE-A.
IN WP NO. 6056/2023 BETWEEN:
1. M/S NATARAJ CONSTRUCTIONS CO., A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT NO.79, NALANDA COMPLEX, JUDGES BUNGALOW ROAD, VASTAPUR, AHMEDABAD, GUJARAT-380015. REPRESENTED BY ITS PARTNERS, MR. NIRMALKUMAR @ NIRMALBHAI N PATEL, AND MR. ASHWIN N PATEL @ ASWINBHAI N PATEL. ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND:
1. HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPORATED UNDER
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1, SARDAR PATEL ROAD, GUINDY, CHENNAI-600030. ALSO HAVING ITS BRANCH OFFICE AT NO.21/1, GROUND FLOOR, JELITTA TOWERS, MISSION ROAD, BENGALURU-560027. REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (BY SRI.
S.M.ANEES AHMED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.02.2023 ALLOWING IA NO.2 PASSED BY THE HON'BLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU URBAN (CCH-89) IN COM.A.A.NO.99/2023 AT ANNEXURE-A.
IN WP NO. 6079/2023 BETWEEN:
1. M/S NATRAJ CONSTRUCTIONS CO., A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932 HAVING ITS REGISTERED OFFICE AT NO.79, NALANDA COMPLEX JUDGES BUNGALO ROAD VASTAPUR AHMEDABAD GUJARAT-380015 REPRESENTED BY ITS PARTNERS
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MR. NIRMALKUMAR @ NIRMALBHAI N PATEL AND MR ASHWIN N PATEL @ ASHWINBHAI N PATEL. ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND:
1. HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1, SARDAR PATEL ROAD GUINDY, CHENNAI-600032. AND ALSO HAVING ITS BRANCH OFFICE AT NO.21/1, GROUND FLOOR JELITTA TOWERS, MISSION ROAD BENGALURU-560027 REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (BY SRI. S.M. ANEES AHMED, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.02.2023 ALLOWING IA. NO.2 PASSED BY THE HONBLE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU URBAN (CCH-89) IN COM.A.A. NO.96/2023 AT ANNEXURE- A.
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HC-KAR NC: 2025:KHC:42757 WP No. 6082 of 2023 C/W WP No.5766 of 2023 4 OTHERS
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. It is submitted by the learned counsel appearing for the respondent in these Writ Petitions that, in view of the pendency of these Writ Petitions before this Court, the respondent herein being a petitioner before the Commercial Court in respective Commercial Arbitration Applications, is not able to withdraw the same.
2. It is further submitted by the learned counsel appearing for the respondent that, the respondent herein has decided to withdraw the Commercial Arbitration Applications (Annexure-A to the Writ Petitions) filed before the Commercial Court, Bengaluru, with liberty to file the same before the competent Court having the jurisdiction. In respect of the said submission,
learned counsel for the petitioners did not counter the same.
3. In that view of the matter, recording the submission made by the learned counsel appearing for the respondent, I
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am of the view that, no further orders are required to be passed in these Writ Petitions.
4. Accordingly, reserving liberty as prayed for by the respondent, the Writ Petitions are disposed of.
5. Pending I.As. in these Writ Petitions, if any, are disposed of as not surviving for consideration.
Sd/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 19