- 1 - HC-KAR NC: 2026:KHC:12323 RP No. 65 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REVIEW PETITION NO.65 OF 2025 IN MFA NO.4806/2018 (CPC) BETWEEN: 1. M/S. BLUE HORIZON HOTELS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT NO.172/1, SRINIVAS INDUSTRIAL ESTATE, N.S.PALYA, BANNERGHATTA ROAD, BENGALURU-560 076, REPRESENTED BY ITS DIRECTOR SRI. SACHIN RAJU. …PETITIONER (BY SRI. CHANDRASHEKARA REDDY R.A., ADVOCATE) AND: 1. M/S. GAURAV ROSE REAL ESTATE PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 9/12, LAL BAZAAR STREET, MERCHANTILE BUILDING, BLOCK-E, 2ND FLOOR, KOLKOTA-700 001, REPRESENTED BY ITS AUTHORIZED SIGNATORY ROHAN AGARWAL. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12323 RP No. 65 of 2025 2. M/S. PHOENIX ARC PRIVTATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT: 7TH FLOOR, DANI CORPORATE PARK, 158 CST ROAD, KALINA SANTACRUZ (E) MUMBAI -400 098. REPRESENTED BY ITS SENIOR ASSOCIATE, VAIBHAV MAHESWARI. 3. M/S. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, C.S.T.ROAD, KALINA, MUMBAI, BY ITS MANAGING DIRECTOR, SIBY ANTONY. 4. M/S A.S.MUNISWAMY RAJU, HINDU UNDIVIDED FAMILY REPRESENTED BY ITS KARTHA, MR. A.M. RAJU, S/O LATE A.S.MUNISWAMY RAJU, AGED ABOUT 73 YEARS, RESIDING AT NO.536, 10TH MAIN, 5TH BLOCK, JAYANAGAR, BENGALURU - 560 041. …RESPONDENTS (BY SRI. AJESH KUMAR S., ADVOCATE FOR R1; NOTICE TO R2 TO R4 IS DISPENSED WITH VIDE ORDER DATED 23.07.2025) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO ALLOW THIS REVIEW PETITION CLARIFYING THAT IN THE JUDGMENT DATED 23.11.2024 PASSED IN MFA NO.4806/2018 STATING AT PARAGRAPH NO.34 THAT THE RESPONDENT NO.1 PAID THE ENTIRE PRINCIPAL AMOUNT OF RS.5 CRORES AND IN ADDITION, RS.94 LAKHS WHICH WAS PAYABLE IN RESPECT OF - 3 - HC-KAR NC: 2026:KHC:12323 RP No. 65 of 2025 ANOTHER SISTER COMPANY OF THE PLAINTIFF, HAS ALREADY BEEN PAID, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the review petitioner and the learned counsel for respondent No.1. 2. The learned counsel for the review petitioner submits that the observations made by this Court in paragraph No.34 is to be reviewed and also clarified with regard to the total amount. The learned counsel submits that in paragraph No.17 made it clear with regard to payment is concerned. 3. This Court has observed in paragraph No.34 with regard to the payment is concerned whether it is in terms of the document of unregistered mortgage deed or in terms of contractual liability is to be taken note while considering the matter on merits. Now the trial is going on and already evidence is commenced and the matter is listed for reply arguments. When such being the case, the question of clarifying the same does not arise and the same is a matter of - 4 - HC-KAR NC: 2026:KHC:12323 RP No. 65 of 2025 merits. The Trial Court can adjudicate the issue involved between the parties and hence, not made any ground to review the order. Hence, the review petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 13