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2025 DAILYLAW 88258 (KAR)

ATRIA BRINDAVAN POWER PRIVATE LTD., v. PIRAMAL CAPITAL AND HOUSING FINANCE LTD.,

WP/1400/2025 · 2025-07-24

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28219-DB WP No. 1400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 1400 OF 2025 (GM-CPC) BETWEEN: 1. ATRIA BRINDAVAN POWER PRIVATE LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, NO. 11, 1ST FLOOR, COMMISSARIAT ROAD, BANGALORE-560 025. REP. BY ITS AUTHORISED REPRESENTATIVE MR. CHINNASWAMY SUNDER RAJU. 2. MR. CHINNASWAMY SUNDER RAJU, S/O LATE SRI A.S CHINNASWAMY RAJU, AGED ABOUT 66 YEARS, R/AT NO. 294, UPPER PALACE, ORCHARDS, BANGALORE-560 080. 3. MR. K NAGARAJU, S/O LATE SRI KUPPARAJU, AGED ABOUT 64 YEARS, R/AT NO.158, 2ND MAIN, 1ST BLOCK DOLLARS COLONY, RMV 2ND STAGE ASHWATH NAGAR, BANGALORE-560 094. 4. RAJU FAMILY TRUST, A TRUST REGISTERED UNDER THE INDIAN TRUSTS ACT HAVING ITS OFFICE AT: Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28219-DB WP No. 1400 of 2025 NO. 1, PALACE ROAD, BANGALORE-560 001. REP. BY ITS TRUSTEE MR.CHINNASWAMY SUNDER RAJU. …PETITIONERS (BY SRI YASHODHAR HEGDE, ADVOCATE FOR SRI AJAY J N, ADVOCATE) AND: 1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: NO. 601, 6TH FLOOR, AMITI BUILDING, AGASTYA CORPORATE PARK, KAMANI JUNCTION, KURLA WEST, MUMBAI-400 070. REP. BY ITS AUTHORISED REPRESENTATIVE. 2. BABOON INVESTMENTS HOLDING B.V, A PRIVATE LIMITED COMPANY, INCORPORATED IN NETHERLANDS, HAVING ITS REGISTERED OFFICE AT: OUDE LINDESTAT 70, HEERLEN 6411, EJ NETHERLANDS. REP. BY ITS AUTHORISED REPRESENTATIVE. 3. OMKARA ASSET RECONSTRUCTION PVT. LTD, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, ACTING AS TRUSTEE OF OMKARA PS28/2023-24 TRUST, HAVING ITS REGISTERED OFFICE AT: C-515, KANAKIA ZILLION, JUNCTION OF LBS ROAD AND, CST ROAD KURLA WEST MUMBAI-400 070. REP. BY ITS AUTHORISED REPRESENTATIVE. 4. AXIS TRUSTEE SERVICES LTD., A FINANCIAL INSTITUTION, - 3 - HC-KAR NC: 2025:KHC:28219-DB WP No. 1400 of 2025 HAVING ITS REGISTERED OFFICE AT: AXIS HOUSE BOMBAY DYING MILLS COMPOUND, PANDURANG BUDHKAR MARG, WORLI MUMBAI-400 025. …RESPONDENTS (BY MS. TAMARRA MAIRI, ADVOCATE FOR R-1; SRI V SRINIVARAN RAGHAVAN, SENIOR ADVOCATE FOR SRI VINAY KUTTAPPA, ADVOCATE FOR R-3; SRI SURYANARAYANA T, SENIOR ADVOCAE FOR SRI SHARAN B TADAHAL, ADVOCATE FOR C/R-4) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING a) TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 18.01.2025 (AT ANNEXURE-A) PASSED IN IA NOS. 11 TO 13 FILED IN COM. O.S./298/2024 BY THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERICAL COURT, BENGALURU ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The learned counsel appearing to the respondents submits that the present writ petition has become infructuous inasmuch as subsequent to the impugned ad-interim order, the interim application has been decided - 4 - HC-KAR NC: 2025:KHC:28219-DB WP No. 1400 of 2025 and the petitioners have preferred appeal against the said order. 2. In view of the above, the petition is dismissed as infructuous. It is needless to state that all rights and contentions the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 20