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2026 DAILYLAW 14320 (KAR)

M/S CREATIVE INFOTECH v. M/S MAHATHRU TECHNOLOGIES

WP/7410/2026 · 2026-03-10

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7410 OF 2026 (GM-CPC) BETWEEN: M/S CREATIVE INFOTECH PROPRIETORSHIP FIRM OFFICE AT NO. S-108 1ST FLOOR MANIPAL CENTRE DICKENSON ROAD BENGALURU-560042 REP. BY ITS PROPRIETOR MR. MOHIT HEGDE AGED ABOUT 54 YEARS S/O RAGHURAM HEGDE …PETITIONER (BY SMT. RASHI SINGH, ADVOCATE FOR SRI A MAHESH CHOWDHARY., ADVOCATE) AND: 1. M/S MAHATHRU TECHNOLOGIES A PARTNERSHIP CONCERNED BY ITS PROPRIETOR MRS. HOLLADAGADDE GIDDEGOWDA PRANITHA NO. 18/2, 1ST FLOOR 12TH CROSS 8TH MAIN WILSON GARDEN, BENGALURU-560027. ALSO TO BE SERVED AT M/S MAHATHRU TECHNOLOGIES BY ITS PROPRIETOR MRS. HOLLADAGADDE PRANITHA NO.B-606, 6TH FLOOR KRISHNA BLOCK, K.H.B GAMES VILLAGE KORAMANGALA, BENGALURU-560 047. 2. MRS. HOLLADAGADDE GIDDEGOWDA PRANITHA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 AGED ABOUT 39 YEARS W/O. SHARATH KC 3. MR. K.C.SHARATH GOWDA AGED ABOUT 42 YEARS S/O.CHANDRA GOWDA DEFENDANTS NO. 2 AND 3 ARE R/AT NO. 18/2, 1ST FLOOR, 12TH CROSS 8TH MAIN, WILSON GARDEN BENGALURU – 560027. MRS. KAVITHA WAGMARE NOW DECEASED AGED ABOUT 37 YEARS W/O. ABHIJITH WAGMARE R/AT 473, 1ST FLOOR, 2ND MAIN 3RD CROSS, KANNADA KASTURI ROAD DASARAHALLI, BENGALURU 560057. 4. MRS. VASUDHA SHENOY AGED ABOUT 41 YEARS R/AT NO.42, MANASA 1ST FLOOR DWARAKANAGAR 2ND STAGE, UTTARAHALLI MAIN ROAD PARISHUDHAJALA OUTLET CHANNASANDRA BANGALORE – 500098. 5. M/S VIVA INFO SOLUTION REP BY ITS PROPRIETORS MR. VIKRAM R AGED ABOUT 44 YEARS MRS VASUNDHA SHENOY AGED ABOUT 37 YEARS OFFICE AT 18/2, 1ST FLOOR 12TH CROSS, 8TH MAIN WILSON GARDEN, BENGALURU – 560027. ALSO HAVING ADDRESS AT NO. 101, 3RD MAIN, SHREYAS COLONY JP NAGAR, 7TH PHASE BANGALORE -560078 - 3 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 ALSO ADDRESS AT NO. 42, MANASA, 1ST. FLOOR DWARKANAGAR 2ND STAGE UTTARAHALLI MAIN ROAD PARISHUDHAJALA OUTLET CHANNASANDRA BENGALURU – 560098. 6. M/S EXPLONECT SOLUTIONS REP. BY ITS PROPRIETOR (PROPRIETORSHIP CONCERNED ABHIJEET B WAGHMARE AND KAVITA WAGHMARE NO. 3, ASHIRVAD NILAYA 20TH MAIN, 1ST D CROSS BTM LAYOUT 1ST STAGE BANGALORE – 560029. 7. MR. SUDHATH AGED ABOUT 30 YEARS C/O M/S MAHATHRU TECHNOLOGIES NO. 18/2, 1ST FLOOR, 12TH CROSS 8TH MAIN, WILSON GARDEN BENGALURU-560027. 8. MR. RAJATH GOWDA AGED ABOUT 32 YEARS C/O M/S MAHATHRU TECHNOLOGIES 18/2, 1ST FLOOR, 12TH CROSS 8TH MAIN, WILSON GARDEN BENGALURU – 560027. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION TO THE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE COMMERCIAL COURT UNIT BENGALURU TO PROCEED WITH THE MATTER IN COM OS NO. 514/2021 VIDE ANNEXURE-A AND PASS NECESSARY ORDERS IN ACCORDANCE WITH LAW IN AN EXPEDITIOUS MANNER WITHIN A TIME- BOUND MANNER IN ONE YEAR AND ETC. - 4 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought the following reliefs: a) To issue a Writ of Mandamus or any other direction to the LXXXIV Addl. City Civil and Sessions Judge, Commercial Court Unit, Bengaluru, to proceed with the matter in Com. O.S. No.514/2021 vide Annexure A and pass necessary orders in accordance with law in an expeditious manner within a time- bound manner in one year. b) Grant such other relief as circumstances and contingencies may permit, in the interest of justice and equity. 2. For the sake of convenience, the parties are referred to as per ranking before the Trial Court in original suit. 3. The plaintiff filed a suit in Com.O.S.No.514/2021 before the Trial Court seeking recovery of money from the defendants. After issuance of suit summons, the defendants appeared and filed written statement. Even after lapse of two years from the dates fixed by the Trial Court for case management hearing, the matter is still at - 5 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 the stage of recording the evidence of parties. Therefore, the present writ petition is filed seeking for early disposal of the suit. 4. Learned counsel appearing for the petitioner submits that by order dated 21.03.2024, the Trial Court has fixed the following calendar/dates for case management hearing as follows: (i) For list of witnesses by 25.03.2024, (ii) For P/affidavit evidence (after serving copy on the other side well in advance) and further evi-in-chief if any by 27.03.2024, (iii) For cross examination of PW1 by 01.04.2024, (iv) For D/affidavit evidence (after serving copy on the other side well in advance) and further evi-in- chief if any by 04.04.2024, (v) For cross examination of DW1 by 06.04.2024, (vi) For arguments by 10.04.2024. Call on 25.03.2024. The learned counsel submits that despite the said schedule, even after lapse of 2 years, the matter is at the - 6 - HC-KAR NC: 2026:KHC:14258 WP No. 7410 of 2026 stage of recording the evidence of the parties. Hence, he sought for early disposal of the suit. 5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible. 6. Accordingly, the writ petition is disposed of. 7. The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM, LIST NO.: 1 SL NO.: 35