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2026 DAILYLAW 17394 (KAR)

BANGALORE HITECH SERVICES PRIVATE LIMITED v. MR. PANKAJ KUMAR

WP/5298/2026 · 2026-02-20

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10715 WP No. 5298 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5298 OF 2026 (GM-CPC) BETWEEN: BANGALORE HITECH SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT PLOT NO. 49-B, 3RD MAIN, 3RD PHASE, PEENYA INDUSTRIAL AREA, BENGALURU 560 058 REPRESENTED BY ITS DIRECTOR, MR. GAURAV AGED ABOUT 53 YEARS S/O GYANENDRA DUTT SHARMA RESIDING AT A-204, AISHWARYA LAKEVIEW RESIDENCY, 6TH F CROSS, KAGGADASAPURA CV RAMAN NAGAR, BENGALURU-560 093. …PETITIONER (BY SRI. VINAY N.,ADVOCATE) AND: 1. MR. PANKAJ KUMAR S/O DEO DUTT SINGH, AGED ABOUT 45 YEARS, R/AT VILLA NO. 348, PRESTIGE AUGUSTA GOLF VILLAGE, NEAR SAI BABA TEMPLE, RAMPURA, BENGALURU 560 049. 2. SRI. M.V. KHARE, S/O VITHAL KHARE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10715 WP No. 5298 of 2026 AGED ABOUT 53 YEARS, R/AT A-301, THE CANOPY, AGARA MAIN ROAD, 7TH CROSS, NANJAPPA GARDEN, NEAR VV CONVENTION HALL, BABUSAPALYA, BENGALURU – 560 043. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE COURT OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-12) TO FORTHWITH CONSIDER AND PASS APPROPRIATE ORDERS ON IA NO. 2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC 1908 AND IA NO. 3 FILED UNDER SECTION 151 OF CPC 1908 IN OS NO. 2048/2025 WITHIN A TIME FRAME TO BE FIXED BY THIS HONBLE COURT (PRODUCED AT ANNX-D AND E RESPECTIVELY) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “ a) Direct the court of XVI Additional City Civil and Sessions Judge, Bengaluru (CCH-12) to forthwith consider and pass appropriate orders on I.A.No.2 filed under Order XXXIX Rules 1 and 2 of CPC 1908 in O.S. No.2048/2025, within a time frame to be fixed by this Hon’ble Court (Produced at Annexure-D and E respectively); b) Pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:10715 WP No. 5298 of 2026 2. Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record. 3. Learned counsel for the petitioner submits that the Trial Court before whom O.S.No.2048/2025 is pending has posted the matter for passing orders on I.A.Nos.2 and 3 and the present petition may be disposed of directing the Trial Court to pass appropriate orders on I.A.Nos.2 and 3, if not passed on 24.02.2026, the same may be passed within a stipulated time frame. 4. The aforesaid submission is placed on record. 5. In view of the aforesaid facts and circumstances and submission made by learned counsel for the petitioner, I deem it just and appropriate to dispose of this petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The Trial Court is directed to pass appropriate orders on I.A.No2 filed under Order XXXIX Rules 1 and 2 CPC and - 4 - HC-KAR NC: 2026:KHC:10715 WP No. 5298 of 2026 I.A.No.3 filed under Section 151 of CPC within 15 days from 24.02.2026, if not passed on that day. iii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 8