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2026 DAILYLAW 15515 (KAR)

MR GAUTAM AGNIHOTRI v. M/S SATCHMO HOLDINGS LIMITED

WP/14161/2026 · 2026-04-29

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23961 WP No. 14161 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14161 OF 2026 (GM-CPC) BETWEEN: MR GAUTAM AGNIHOTRI AGED ABOUT 39 YEARS S/O LATE CHANDESH AGNIHOTRI PROPRIETOR OF M/S. KARNATAKA FIRE AND SAFETY SERVICES HAVING ITS OFFICE AT NO. 5 SWEET WATER WELL ROAD, RMV 2ND STAGE NAGASHETTY HALLI, BENGALURU 560 094. …PETITIONER (BY SRI. RAHUL DEV S DESHAMUDRE., ADVOCATE) AND: M/S SATCHMO HOLDINGS LIMITED (FORMERLY KNOWN AS M/S. NEL HOLDINGS SOUTH LIMITED AND PREVIOUSLY ALSO KNOWN AS M/S. NITESH ESTATES LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 110, A WING, ANDREWS BUILDING LEVEL 1, MAHATMA GANDHI ROAD BENGALURU 560001. REP. BY ITS MANAGING DIRECTOR …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN COM. EXECUTION PETITION NO. 675 OF 2023, PENDING ON THE FILE OF THE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), AT BENGALURU (CCH 87) AND DIRECT THE LEARNED LXXXVI ADDITIONAL Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23961 WP No. 14161 of 2026 CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), AT BENGALURU (CCH 87), TO DECIDE I.A. NO. 4 IN COM. EXECUTION PETITION NO. 675 OF 2023 (ANNEXURE E) WITHIN A PERIOD OF TWO WEEKS OR SUCH OTHER PERIOD AS THIS HON'BLE COURT MAY DEEM FIT, FROM THE DATE OF THE ORDER OF THIS HON'BLE COURT AND ETC. 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-Decree Holder has sought for a direction to the LXXXVI Addl. City Civil & Sessions Judge (Commercial Court), Bengaluru, (for short ‘Executing Court’) to dispose of the I.A.No.4 filed by the Judgment Debtor under Section 47 of CPC, in Com.Ex.No.675/2023. 2. For the sake of convenience, the parties are referred to as per their ranking before the Executing Court. 3. The Decree Holder initiated execution proceedings in Com.Ex.No.675/2023 seeking for execution of the Award dated 01.04.2022 passed by the Arbitral Tribunal in - 3 - HC-KAR NC: 2026:KHC:23961 WP No. 14161 of 2026 A.C.No.21/2021. On service of summons, Judgment Debtor appeared through counsel and thereafter, filed an application i.e., I.A.No.4 under Section 47 of CPC seeking to hold an enquiry to discharge liability of Judgment Debtor by virtue of the Memorandum of Settlement dated 26.05.2022. So far, no order has been passed on the said application. Hence, the present petition is filed by the Decree Holder. 4. The learned counsel for the petitioner-Decree Holder submits that the Executing Court heard the parties on the application. The matter is being adjourned on one pretext or the other and so far, no order has been passed on the said application. Hence, he sought for a direction to the Executing Court for early disposal of the application. 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 - 4 - HC-KAR NC: 2026:KHC:23961 WP No. 14161 of 2026 the writ petition with a direction to the Executing Court to dispose of the application as expeditiously as possible. 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Executing Court is directed to dispose of the application i.e., I.A.No.4 filed under Section 47 of CPC in accordance with law on or before 30.06.2026. c) Parties are directed to co-operate for early disposal of the application. All pending I.As., if any, in this writ petition are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 43