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2025 DAILYLAW 54972 (KAR)

INDAKAL TECHNOLOGIES PRIVATE LIMITED v. ACER INCORPORATED

WP/26718/2025 · 2025-09-08

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35192 WP No. 26718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26718 OF 2025 (GM-CPC) BETWEEN: 1. INDKAL TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: C-102, HINDUJA LAKE FRONT ESTATE OPP. HULILMAVU POLICE STATION HULIMAVU BANGALORE KARNATAKA 560076 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. RAJ BVP SINGH …PETITIONER (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE A/W SRI. SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI. AVINASH BALAKRISHNA,ADVOCATE) AND: 1. ACER, INCORPORATED A COMPANY INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF CHINA (TAIWAN) HAVING ITS REGISTERED OFFICE AT: 7F-5 NO.369, FUXING N REL., SONGSHAN DIST., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35192 WP No. 26718 of 2025 TAIPEI CITY 105, TAIWAN (R.0.C) ALSO AT 9F, 88, SEC. I XINTAI 5' RD, XIZHI DISTRICT NEW TAIPEI CITY 221 TAIWAN, R.O.C. …RESPONDENT/CAVEATOR (BY SRI. S.V. GIRIDHAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SETTING ASIDE THE IMPUGNED ORDER DATED 28.08.2025 (ANNEXURE - A) PASSED BY THE LEARNED LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CH 90 COMMERCIAL COURT), BENGALURU, ADJOURNING THE PRONOUNCEMENT OF ORDERS IN I.A. NO. 2 OF 2025 IN COM. O.S. NO. 1165 OF 2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35192 WP No. 26718 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: ") Issue a writ in the nature of certiorari or any other writ, order or direction setting aside the Impugned Order dated 28.08.2025 (Annexure-A) passed by the Learned LXXXIX Addl. City Civil & Sessions Judge (CH 90 - Commercial Court), Bengaluru, adjourning the pronouncement of orders in I.A. No.2 of 2025 in Com.O.S.No.1165 of 2025; ii) Consequently, grant an order of temporary injunction n terms of I.A. No. 2 pending before the Learned LXXXIX Addl. City Civil & Sessions Judge (CH 90 - Commercial Court), Bengaluru, in Com.O.S.No.1165 of 2025, restraining the Defendant, their servants, agents, subsidiaries or affiliates or anyone acting through or under them from acting in furtherance of or giving effect to the purported Notice of Temination dated 19 August 2025 (Annexure - D); ii) Grant costs of the proceedings; and iv) Grant such other or further reliefs to the Petitioner as may be deemed fit, in the interest of justice and equity." 2. Heard Sri. Udaya Holla, learned Senior counsel along with Sri. Srinivasa Raghavan, learned Senior counsel for - 4 - HC-KAR NC: 2025:KHC:35192 WP No. 26718 of 2025 Sri. Avinash Balakrishna, learned counsel appearing for the petitioner, Sri. S.V. Giridhar, learned counsel appearing for the caveator/respondent and have perused the material on record. 3. The first prayer of the petitioner is that the concerned Court, even after hearing the parties at length, is not pronouncing its orders on I.A.No.2/2025 in the subject Commercial O.S.No.1165/2025. Therefore, they have sought setting aside of the direction dated 28.08.2025 and consequently, grant temporary injunction. 4. In the light of the application pending for Orders, as on today, I deem it appropriate to direct the concerned Court to pass necessary orders on application - I.A.No.2/2025 on or before 12.09.2025. 5. With the aforesaid observations, the petition stands disposed. 6. All contention shall remain open. - 5 - HC-KAR NC: 2025:KHC:35192 WP No. 26718 of 2025 7. It would be open for the Court to pass necessary orders, in accordance with law, in terms of the direction. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 19