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2025 DAILYLAW 68720 (KAR)

MR M N RAVINARAYAN v. M K SRINIVASAN

COMAP/441/2025 · 2025-08-13

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31272-DB COMAP No. 441 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 441 OF 2025 BETWEEN: 1. MR. M N RAVINARAYAN, AGED ABOUT 63 YEARS OLD, S/O MR. M N NARASIMHAN, R/AT L-404, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560 055. 2. GAYATHRI RAVINARAYAN, W/O MR. M N RAVINARAYAN, AGED ABOUT 60 YEARS OLD, R/AT L-404, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560 055. 3. TAURUS POWERTRONICS SYSTEMS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932, REP. HEREIN THROUGH ITS PARTNER MR. M N RAVINARAYAN, HAVING OFFICE AT 26, 12TH MAIN ROAD, 1ST BLOCK, RAJAJINAGAR, BENGALURU-560 010, 4. TAURUS POWERTRONICS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 26, 12TH MAIN ROAD, 1ST BLOCK, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31272-DB COMAP No. 441 of 2025 RAJAJINAGAR, BENGALURU-560 010. THROUGH ITS DIRECTOR, MR. M N RAVINARAYAN. …APPELLANTS (BY SRI C.K NANDAKUMAR, SENIOR ADVOCATE FOR SRI DEEPAK BHASKAR, ADVOCATE) AND: 1. M K SRINIVASAN, PROPRIETOR OF MKS SYSTEMS, AGED ABOUT 59 YEARS OLD, S/O M K SEETHARAM, R/AT NO.89, EAST PARK ROAD, MALLESHWARAM, BENGALURU-560 055. 2. M K SRINIVASAN SYSTEMS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT NO.33, 17TH CROSS, MALLESHWARAM, BENGALURU-560 055. 3. M/S M K SYSTEMS PROPRIETORSHIP CONCERN, HAVING REGISTERED OFFICE AT NO.33, 17TH CROSS, MALLESHWARAM, BENGALURU-560 055. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, AG/SENIOR ADVOCATE A/W SRI S ISMAIL ZABIULLA, ADVOCATE FOR R-1 TO 3) THIS COMAP/COMMERCIAL APPEAL IS UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT 2015, PRAYING TO (a) SET ASIDE THE IMPUGNED ORDER (ANNEXURE - A) DATED 29TH JULY 2025 IN IA NOs. 3 TO 5 OF 2024 AS PASSED BY THE LD. LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) (CCH-85) IN THE COMMERCIAL OS NO.1771/2024 (b) ALLOW THE - 3 - HC-KAR NC: 2025:KHC:31272-DB COMAP No. 441 of 2025 INTERLOCUTORY APPLICATION NOs. 3 TO 5 OF 2024 IN THE COMMERCIAL OS NO.1771/2024. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The appellants have filed the present appeal impugning an order dated 29.07.2025 passed by the learned LXXXIV Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com.OS.No.1771/2024. Vide impugned order, learned Commercial Court had rejected the application filed by the defendants under Order XXXIX Rules 1 and 2 R/w section 151 of the Code of Civil Procedure seeking interim relief. 2. After some arguments, learned counsel for the parties stated that this appeal may be disposed of by clarifying that the said order would not preclude the parties from agitating their rights and availing of other - 4 - HC-KAR NC: 2025:KHC:31272-DB COMAP No. 441 of 2025 remedies as may be available in law, before the Commercial Court. 3. The appeal is disposed of with the aforesaid clarification. Pending applications, if any, stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 17