- 1 - HC-KAR NC: 2025:KHC:41178-DB COMAP No. 167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 167 OF 2024 BETWEEN: OMKARA ASSET RECONSTRUCTION PRIVATE LIMITED ACTING AS TRUSTEE OF OMKARA PS28/2023-2024/TRUST C-515, KANAKIA ZILLION, JUNCTION OF LBS ROAD AND CST ROAD, KURLA WEST, MUMBAI -400070 REP. BY AUTHORISED SIGNATORY MR. SUBHODEEP BANERJEE. …APPELLANT (BY SRI. SRINIVASAN V. RAGHAVAN, SR. ADV. A/W SRI VINAY KUTTAPPA, ADV.) AND: 1. M/S. ATRIA BRINDVAN POWER PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.11, 1ST FLOOR, COMMISSARIAT ROAD BANGALORE- 560025. 2. MR. CHINNASWAMY SUNDER RAJU S/O LATE SHRI A S CHINNASWAMY RAJU AGED ABOUT 66 YEARS RESIDING AT No. 294, Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41178-DB COMAP No. 167 of 2024 UPPER PALACE ORCHARDS, BANGALORE- 560080. 3. MR. K NAGARAJU S/O LATE SHRI KUPPARAJU AGED ABOUT 64 YEARS R/AT NO.158, 2ND MAIN, 1ST BLOCK, DOLLARS COLONY, RMV 2ND STAGE, ASHWATH NAGAR BANGALORE- 560094. 4. RAJU FAMILY TRUST HAVING REGISTERED OFFICE AT NO.1, PALACE ROAD, BANGALORE -560001 REPRESENTED BY TRUSTEE MR. CHINNASWAMY SUNDER RAJU. 5. PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED AND HAVING ITS REGISTERED OFFICE AT PIRAMAL TOWER, PENINSULA CORPORATE PARK, GANPATRAO KADAM MARG, LOWER PAREL-400013. 6. BABOON INVESTMENTS HOLDING B.V. OUDE LINDESTAT 70 HEERLEN 6411, EJ THE NETHERLANDS. 7. AXIS TRUSTEESHIP SERVICES LIMITED AXIS HOUSE BOMBAY DYING MILLS COMPOUND PANDURANG BUDHKAR MARG WORLI, MUMBAI -400025. …RESPONDENTS (BY SRI.C.K. NANDAKUMAR, SR. ADV. A/W MS. ASHWINI PATIL, ADV. & SRI AJAY J NANDALIKE, ADV. FOR R1 TO 4 SRI UDAYA HOLLA, SR. ADV. A/W SRI AVINASH BALAKRISHNA, ADV. FOR R5 MS. TAMARRA SEQUERIA, ADV. FOR R6 SRI T SURYANARAYANA, SR. ADV. FOR SRI SHARAN B. TADAHAL, ADV. FOR R7) - 3 - HC-KAR NC: 2025:KHC:41178-DB COMAP No. 167 of 2024 THE APPEAL IS FILED UNDER SECTION 43 RULE 1 OF THE CPC, 1908 READ WITH SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER (ANNEXURE-A) PASSED BY LD. COMMERCIAL COURT IN THE SUIT COM.O.S.NO.298/2024 ON I.A.NO.2 AND 3 DATED 25.04.2024 PASSED BY LXXXII ADDL.CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-83) AND ETC. 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. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant (defendant No.3) has filed the present appeal under order 43 Rule 1 of Code of Civil Procedure, 1908 [CPC] read with Section 13(1-A) of the Commercial Courts Act, 2015 [the CC Act] impugning the order dated 25.04.2024 [impugned order] passed by the learned LXXXII Additional City Civil and Sessions Judge, Bengaluru (CCH.83) [Commercial Court] in I.A.No.II and I.A.No.III in Com.OS.No.298/2024. - 4 - HC-KAR NC: 2025:KHC:41178-DB COMAP No. 167 of 2024 2. For the reasons stated in the order passed today in COMAP.No.209/2024, the present appeal is allowed and the impugned order is set aside. 3. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE NC CT:bms List No.: 1 Sl No.: 0