Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40638 WP No. 15966 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15966 OF 2021 (GM-CPC) BETWEEN:
1.
NEETISH SARDA AGED ABOUT 28 YEARS S/O GHANSHYAM SARDA MANAGING DIRECTOR SMARTWORKS COWORKING SPACES PRIVATE LIMITED HAVING ADDRESS AT GLOBAL TECHNOLOGY PARK TOWER C OUTER RING ROAD ADARSH PALM RETREAT BELLANDUR - 560 103.
2.
SMARTWORKS COWORKING SPACES PRIVATE LIMITED GLOBAL TECHNOLOGY PARK TOWER 3 OUTER RING ROAD ADARSH PALM RETREAT BELLANDUR - 560 103 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. NEETISH SARDA. …PETITIONERS (BY SRI AKSHAY SRINIVAS, ADV., FOR SRI SRINIVAMSHI KRISHNA C, ADV.) AND:
RAGHAV LOHA FATHER'S NAME NOT KNOWN AGED MAJOR HAVING ADDRESS AT NO.34/2, SHIMLA STREET KOLKATA - 700 006
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40638 WP No. 15966 of 2021
EMAIL ADDRESS raghavloha@gmail.com ALSO AT raghavloha@yandex.com raghavloha2020@gmail.com …RESPONDENT
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD,13.8.2021 WHEREBY THE HONBLE CITY CIVIL COURT AT BANGALORE (CCH-40) IN O,.S.NO.4205/2021 REFUSED TO GRANT AN EX-PARTE INTERIM INJUNCTION VIDE ANNEXURE-AG.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by plaintiff nos.1 and 2 seeking for the following reliefs:-
"A. To set aside the Order dated 13/08/2021 whereby the Hon'ble City Civil Court at Bangalore (CCH-40) in O.S.No.4205/2021 refused to grant an ex-parte interim injunction vide Annexure-G.
B. To consequently grant an ex-parte interim injunction restraining the Respondent from:
a. Sharing, publishing, disseminating in public any such emails, letters, publications in any mode or manner against the Petitioners on any medium - print or digital through the following Email IDs: i. raghavloha@yandex.com
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HC-KAR NC: 2025:KHC:40638 WP No. 15966 of 2021
ii. raghavloha2020gmail.com iii. raghavloha@gmail.com
and / or through his representatives, agents or any person or entity on behalf of the Respondent: C. Any other relief that this Court deems fits in the interest of justice and equity".
2. Heard the learned counsel for the petitioners. Respondent no.1 who is served in the matter has remained unrepresented before this Court.
3. The plaintiff had filed O.S.No.4205/2021 before the jurisdiction civil Court at Bengaluru against the respondent herein with prayers for a decree of declaration, compensation and injunction. In the said suit I.A.No.I was filed under Order XXXIX Rule 1 and 2 of CPC on behalf of the plaintiffs seeking
order of temporary injunction restraining the defendants from issuing publishing and sharing e-mail letters, publications and etc., of any kind or manner against the plaintiffs on any media in the interest of justice.
4. Learned trial Judge vide the order impugned dated 13.08.2021 issued emergent notice on I.A.No.I and suit
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HC-KAR NC: 2025:KHC:40638 WP No. 15966 of 2021
summons to the defendant and being aggrieved by the same, the petitioners are before this Court.
5. This Court on 08.10.2021 has passed an interim
order in this petition which reads as follows:
"Registry has placed I.A.No.1/2021 filed by the petitioners under Order XXXIX Rule 1 and 2 of CPC and the copies of the e-mail in proof of having served the respondent through e-mail. None appears for the respondent. Heard learned counsel for the petitioners. The respondent is hereby restrained from sharing, publishing, disseminating in public any derogatory e-mails, letters, publications against the petitioners and any copes printed or digitally through e-mail IDs mentioned in the application till next date of hearing. List on 25.10.2021".
6.
Learned counsel for the petitioners has brought to the notice of this Court that till date no order has been passed by the Trial Court on I.A.No.I filed in O.S.No.4205/2021. Under the circumstances, I am of the opinion that, if this writ petition is disposed of continuing the interim order granted by this
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HC-KAR NC: 2025:KHC:40638 WP No. 15966 of 2021
Court till disposal of I.A.No.I filed by the petitioners in O.S.No.4205/2021 on its merits, the same would serve the ends of justice.
7. Accordingly, the following :-
ORDER (i) Writ petition is disposed of directing the trial Judge to dispose of I.A.No.I filed in O.S.No.4205/2021 on its merits after hearing all the parties. (ii) The interim order granted by this Court on 08.10.2021 shall enure to the benefit of the petitioners till I.A.No.I filed in O.S.No.4205/2021 is disposed of on merits by the Trial Court.
Sd/- (S VISHWAJITH SHETTY) JUDGE
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