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2026 DAILYLAW 10220 (KAR)

MADANAPALLE RETAIL PRIVATE LIMITED v. BHARTIYA URBAN PRIVATE LIMITED

MFA/9463/2025 · 2026-04-09

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.9463 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.9607 OF 2025 (CPC) IN MFA NO.9463/2025 BETWEEN: 1. MADANAPALLE RETAIL PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, 109/1, N.M.R. PEARL BUILDING OUTER RING ROAD, VIJAYA BANK COLONY, DODDA BANASWADI, BENGALURU-560043 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY MR. ALPHONSE REDDY CHINTALACHERUVU. 2. MR. ALPHONSE REDDY CHINTALACHERUVU S/O JOJI REDDY CHINTALACHERUVU AGED ABOUT 43 YEARS, C-108, NIKOO HOMES 2 BHARTIYA CITY, THANISANDRA BENGALURU-560064. ALSO AT: 1052, LEELA RESIDENCES BHARTIYA CITY, THANISANDRA BENGALURU-560064. …APPELLANTS (BY SRI DHANANJAY V. JOSHI, SENIOR COUNSEL FOR SMT. ANISHA A. AATRESH, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 AND: 1. BHARTIYA URBAN PRIVATE LIMITED A COMPANY EXISTING UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: 56/7, NALLAMBAKKAM VILLAGE (VIA VANDALUR), CHENNAI-600048. AND ADMINISTRATIVE OFFICE AT: NO.1/5, PALACE ROAD, NEXT TO ATRIA RADISSON BLUE, BENGALURU-560001 REP. BY ITS AUTHORIZED SIGNATORY MR. DINKAR .H. 2. REDDIT INC A COMPANY INCORPORATED UNDER THE LAWS OF THE UNITED STATES OF AMERICA HAVING ITS HEADQUARTERS AT: 548 MARKET ST, SAN FRANCISCO UNITED STATES. REP. BY ITS AUTHORIZED SIGNATORY EMAIL ADDRESS: lawenforcement@reddit.com/ contact @ reddit.com 3. ASHOK KUMAR/ JOHN DOE FATHER’S NAME NOT KNOWN ADDRESS: UNKNOWN. …RESPONDENTS (BY SRI ARJUN RAO & SMT. MAITREYI BHAT, ADVOCATES FOR C/R-1; V/O. DATED 09.02.2026, NOTICE TO R-2 & R-3 ARE D/W) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 17.09.2025 PASSED ON I.A.NO.5 IN O.S.NO.5801/2024 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-25, BENGALURU, REJECTING THE I.A.NO.5 FILED UNDER ORDER 39 RULE 4 OF CPC. - 3 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 IN MFA NO.9607/2025 BETWEEN: 1. MADANAPALLE RETAIL PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, 109/1, N.M.R. PEARL BUILDING OUTER RING ROAD, VIJAYA BANK COLONY, DODDA BANASWADI, BENGALURU-560043 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY MR. ALPHONSE REDDY CHINTALACHERUVU. 2. MR. ALPHONSE REDDY CHINTALACHERUVU S/O JOJI REDDY CHINTALACHERUVU AGED ABOUT 43 YEARS, C-108, NIKOO HOMES 2 BHARTIYA CITY, THANISANDRA BENGALURU-560064. ALSO AT: 1052, LEELA RESIDENCES BHARTIYA CITY, THANISANDRA BENGALURU-560064. …APPELLANTS (BY SRI DHANANJAY V. JOSHI, SENIOR COUNSEL FOR SMT. ANISHA A. AATRESH, ADVOCATE) AND: 1. BHARTIYA URBAN PRIVATE LIMITED A COMPANY EXISTING UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: 56/7, NALLAMBAKKAM VILLAGE (VIA VANDALUR), CHENNAI-600048. AND ADMINISTRATIVE OFFICE AT: NO.1/5, PALACE ROAD, - 4 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 NEXT TO ATRIA RADISSON BLUE, BENGALURU-560001 REP. BY ITS AUTHORIZED SIGNATORY MR. DINKAR .H. 2. REDDIT INC A COMPANY INCORPORATED UNDER THE LAWS OF THE UNITED STATES OF AMERICA HAVING ITS HEADQUARTERS AT: 548 MARKET ST, SAN FRANCISCO UNITED STATES. REP. BY ITS AUTHORIZED SIGNATORY EMAIL ADDRESS: lawenforcement@reddit.com/ contact @ reddit.com 3. ASHOK KUMAR/ JOHN DOE FATHER’S NAME NOT KNOWN ADDRESS: UNKNOWN. …RESPONDENTS (BY SRI ARJUN RAO & SMT. MAITREYI BHAT, ADVOCATES FOR C/R-1; NOTICE TO R-2 & R-3 ARE DISPENSED WITH) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.09.2025 PASSED ON I.A.NO.I IN O.S.NO.5801/2024 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 5 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 ORAL JUDGMENT These appeals are taken up together for consideration, as they arise out of the interlocutory applications in O.S. No.5801/2024 on the file of the III Additional City Civil and Sessions Judge, (CCH-25) at Bengaluru (‘Trial Court’ for short). 2. MFA No.9463/2025 is preferred by defendant Nos.1 and 2 assailing the order dated 17.09.2025 passed on I.A. No.5, whereby, the application filed under Order XXXIX Rule 4 CPC seeking to vacate ex parte ad interim order of temporary injunction dated 28.08.2024 came to be rejected. 3. MFA No.9607/2025 is preferred by defendant Nos.1 and 2 against the order dated 17.09.2025 passed on I.A. No.1 in O.S. No.5801/2024, whereby application filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC seeking ad interim temporary injunction came to be allowed. 4. Heard Sri Dhananjay V. Joshi, learned senior counsel for Smt. Anisha A. Aatresh, learned counsel for the - 6 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 appellants and Sri Arjun Rao, learned counsel for the cavator/respondent No.1. 5. The appellant-defendant No.2 has filed an affidavit and at paragraph Nos.3, 4 and 5, it is stated as under: “3. I submit that on 19.08.2024, I voluntarily, and without prejudice to the Appellants' rights and contentions, deleted the online posts forming subject matter of the suit in O.S. No.5801/2024 (at Document Nos.15 to 20). As such, it is noteworthy that the online posts at Document Nos.15 to 20 of the plaint in O.S. No.5801/2024 had been deleted much prior to the issuance of the Impugned Order passed in O.S No.5801/2024. I submit that the said posts continue to remain deleted even as on date. 4. I submit that till the disposal of the said suit in O.S. NO.5801/2024, in the absence of a fresh cause such as, for example, any new issue of defect or deficiency in the project coming to light, I will not re- post or re-publish the said posts in respect of the Plaintiff. 5. I submit that this affidavit and the statements made herein are without prejudice to the Appellants’ rights and entitlements to urge our defenses in - 7 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 O.S.NO.5801/2024, on merits, as well as in O.S.No.992/2024 and O.S.No.993/2024” 6. It is stated in the affidavit that the online posts forming subject matter of the suit, as reflected in Document Nos.15 to 20 of the plaint, were voluntarily deleted on 19.08.2024, and much prior to the impugned order, and that the said posts continue to remain deleted as on date. It is further stated in the affidavit that, till disposal of the suit, and in the absence of any fresh cause, the appellants shall not re-post or re-publish the said posts in respect of the plaintiff, without prejudice to their rights and contentions in the pending proceedings. 7. Learned senior counsel for the appellants, on instructions, submits that the appellants shall not defame the plaintiff. The affidavit and undertaking given by the appellants are placed on record. 8. Learned counsel for respondent No.1-plaintiff submits that, in view of the affidavit and undertaking, the - 8 - HC-KAR NC: 2026:KHC:20135 MFA No. 9463 of 2025 C/W MFA No. 9607 of 2025 appeals may be disposed of and the Trial Court be directed to consider the suit on its merits. 9. In view of the above, this Court pass the following: ORDER i. The miscellaneous first appeals are disposed of. ii. The impugned order dated 17.09.2025 passed on I.A.Nos.1 and 5 in O.S. No.5801/2024 on the file of the III Additional City Civil and Sessions Judge, (CCH-25) at Bengaluru stands modified in light of the undertaking given by the appellants. iii. It is made clear that any violation of undertaking shall entail appropriate consequences in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 25