- 1 - HC-KAR NC: 2025:KHC:31349 WP No. 602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 602 OF 2025 (GM-CPC) BETWEEN: SMT. VEENA SRINIVAS, D/O LATE M.T. NARAYANA GOWDA, W/O S.A.SRINIVAS AGED ABOUT 61 YEARS, DULY REPRESENTED BY G.P.A HOLDER S.A.SRINIVAS S/O LATE S.V. ARASAIAH, AGED ABOUT 67 YEARS, RESIDING AT NO. 6, KANCHI, 2ND FLOOR, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BENGALURU – 560 046. …PETITIONER (BY SRI S.DORE RAJU, ADVOCATE) AND: 1. SMT. SUJAISHREE SUMANTH, D/O LATE M.T. NARAYANA GOWDA, AGED ABOUT 58 YEARS, NO.503, 6TH FLOOR, BRINDAVAN APARTMENTS, NO.100, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU – 560 019. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31349 WP No. 602 of 2025 2. SMT. VANITHA GOWDA M.N., D/O LATE M.T. NARAYANA GOWDA, AGED ABOUT 52 YEARS, NO.6, KANCHI, 1ST FLOOR, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BENGALURU - 560 046. 3. M/S. SIXTH ENERGY TECHNOLOGIES PVT. LTD., (PREVIOUSLY KNOWN AS M/S. NEUREOL TECHNOLOGIES PVT. LTD., ) NO.62, SRI VARADA 10th MAIN ROAD, HMT LAYOUT, R.T NAGAR BENGALURU – 560 032. REGISTERED UNDER COMPANIES ACT (REPRESENTED BY ITS CHAIRMAN AND AUTHORISED SIGNATORY SRI M.S.SIVASANKARAN). …RESPONDENTS (BY SRI C.K.NANDA KUMAR, SR.COUNSEL FOR SRI SHIVARAMAKRISHNAN M.S., ADVOCATE FOR C/R-3; VIDE ORDER DATED 20.01.2025 NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE COMMON ORDER DATED 07.01.2025 PASSED IN I.A.NOS. 16 AND 17 (ANNEXURE-A) IN COM.O.S.NO. 1809/2022 PENDING ON THE FILE OF LXXXVIII ADDL.CITY AND SESSION JUDGE, COMMERCIAL COURT, BENGALURU (CCH-89). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31349 WP No. 602 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 07-01-2025 by which the signatures of the petitioner/plaintiff is sought to be sent for forensic examination on an application filed by the defendant No.3. 2. Heard Sri S Doreraju, learned counsel appearing for petitioner and Sri C K Nanda Kumar, learned senior counsel appearing for caveator/respondent No.3. 3. The learned counsel appearing for the petitioner would admit that both the signatures, even if it is construed to be varying, are that of the plaintiff and there can be no dispute about it, and the plaintiff will not dispute the same during the pendency of the proceedings. 4. The learned counsel appearing for the petitioner/ plaintiff submits that the power of attorney holder is the - 4 - HC-KAR NC: 2025:KHC:31349 WP No. 602 of 2025 husband and the husband has tendered evidence on behalf of the wife. Be that as it may. 5. In the light of the admission of the plaintiff that the signatures which are now sought to be sent to forensic examination are hers and would not dispute the same during the proceedings, the issue gets resolved on the said submission. Therefore, the order that is impugned in the subject petition to refer the signatures to the forensic examination would become unnecessary in the light of the said submission. 6. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) Order dated 07-01-2025 passed on I.A.Nos.16 and 17 in Com. O.S.No.1809 of 2022 pending on the file of LXXXVIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru stands quashed. - 5 - HC-KAR NC: 2025:KHC:31349 WP No. 602 of 2025 (iii) All contentions, except the one that is answered by this Court, shall remain open to be urged before the concerned Court. Consequently, I.A.No.1 of 2025 also stands disposed. SD/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 55