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2026 DAILYLAW 12705 (KAR)

SUPERMARKET GROCERIES SUPPLIES v. LOANTAP FINANCIAL TECHNOLOGIES

WP/3440/2026 · 2026-02-26

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3440 OF 2026 (GM-CPC) BETWEEN: SUPERMARKET GROCERIES SUPPLIES PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT 2013 BEARING CIN U51909KA2011PTC060707, HAVING ITS REGISTERED OFFICE AT, 2ND FLOOR, FAIRWAY BUSINESS PARK, NEAR EMBASSY GOLF LINKS, BUSINESS PARK, CHALLAGHATTA, DOMLUR, BANGALORE 560071, INDIA. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. SHAHZAD MOHAMED NAWAZ, HEAD OF FINANCE …PETITIONER (BY SRI. P CHINNAPPA.,ADVOCATE) AND: 1. LOANTAP FINANCIAL TECHNOLOGIES PRIVATE LIMITED Digitally signed by PRIYANKA H M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 A COMPANY REGISTERED UNDER COMPANIES ACT, 2013, BEARING CIN U67100MH2016PTC280879, HAVING ITS REGISTERED OFFICE AT 306, SANGEETA RAMCHAND (KARTIK), CHSL NEW LINK ROAD 5 KARTIK COMPLEX, OPP LAXMI IND ESTATE ANDHERI (W), MUMBAI CITY, MAHARASHTRA 400053. AND AT OFFICE NO. 103, 1ST FLOOR, HERMES WAVES, KALYANI NAGAR, PUNE, MAHARASHTRA 411 006, INDIA. AND AT NO. 404, 4TH FLOOR, ABW TOWER MG ROAD, GURGAON, SADAR BAZAR, HARYANA 122 001, INDIA. AND AT OFFICE NO. 104, CENTRAL AVENUE ROAD, KALYANI NAGAR, PUNE, MAHARASHTRA 411 006, INDIA REPRESENTED BY ITS DIRECTORS 2. LOANTAP CREDIT PRODUCTS PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT 1956 AND A SUBSIDIARY OF M/S LOAN TAP FINANCIAL TECHNOLOGIES PRIVATE LIMITED, BEARING CIN U65910PN1996PTC101188, HAVING ITS REGISTERED OFFICE AT OFFICE NO. 103, 1ST FLOOR, - 3 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 HERMES WAVES, KALYANI NAGAR, PUNE, MAHARASHTRA, INDIA 411006. REPRESENTED BY ITS DIRECTORS 3. I-LOAN CREDIT PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT 1956, A SUBSIDIARY OF M/S LOANTAP FINANCIAL TECHNOLOGIES PRIVATE LIMITED, BEARING CIN U74899HR1990PTC113656, HAVING ITS REGISTERED OFFICE AT NO. 404, 4TH FLOOR, ABW TOWER MG ROAD, GURGAON, SADAR BAZAR, HARYANA, INDIA - 122001. REPRESENTED BY ITS DIRECTORS …RESPONDENTS (BY SRI SHRAVANTH ARYA TANDRA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE AND QUASH THE IMPUGNED ORDER DATED 22.01.2026 ON I.A. NO. 1 IN COM.A.A. 21 / 2026 PASSED BY THE HON'BLE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, KARNATAKA (CCH-90) UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH ORDER XXXIX RULE 1, 2 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, IN SO FAR AS IT REFUSES GRANT OF EX-PARTE AD-INTERIM INJUNCTION (ANNEXURE A) AND ETC. - 4 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs : " a. Issue a writ of certiorari or any other writ, order, or direction to set aside and quash the impugned order dated 22.01.2026 on I.A.No.1 in Com.A.A.21/2026 passed by the Hon'ble LXXXIX Addl.City Civil and Sessions Judge, Bengaluru, Karnataka (CCH-90) under Section 9 of the Arbitration and Conciliation Act, 1996 read with Order XXXIX Rule 1, 2 and Section 151 of the Code of Civil Procedure, 1908, in so far as it refuses grant of ex parte ad interim injunction (Annexure-A), b. Consequently, pending hearing and final disposal of I.A.No.1 in Com.A.A.21 of 2026 (Annexure-C), grant an interim order of temporary injunction in the form of debit freeze of the respondent No.2's bank account bearing No.10050573524 held in IDFC First Bank, Bung GHarden Road, Amar Avinash Corporation City, Pune-411001, for the minimum total/extent of INR 4,22,60,132.26 (Rupees Four Crores Twenty-Two lakhs Sixty thousand One hundred Thirty-Two and Twenty-six paise only) and restrain any withdrawals, and c. Pass any other order as this Hon'ble Court may deem fit on the basis of the facts and circumstances of the case." 2. Heard the learned counsel appearing for the petitioner and learned counsel for the respondents and perused the materials on record. - 5 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the Commercial Appeal No.21/2026 is posted before the Commercial Court on 05.03.2026, without expressing any opinion on the merits/demerits of the rival contentions of the parties, I deem it appropriate to dispose of this petition by issuing certain directions to the Commercial Court for disposal of the main appeal filed by the petitioner against the respondents. 4. In the result, the following: ORDER i) Petition is hereby disposed of. ii) The respondents are directed to file their objections, documents etc., before the Commercial Court on 05.03.2026. iii) Immediately upon the respondents filing their objections, documents etc., before the Commercial Court on 05.03.2026, the Commercial Court shall dispose of main Commercial Appeal No.21/2026 within a period of one month from 05.03.2026. iv) All rival contentions and all aspects of the matter are kept open and no opinion is - 6 - HC-KAR NC: 2026:KHC:12275 WP No. 3440 of 2026 expressed on the merits/demerits of the rival contentions. v) The Commercial Court shall set aside the order dated 24.02.2026 and permit the respondent to file their objections, documents etc., before the Commercial Court on 05.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE BK List No.: 1 Sl No.: 27