- 1 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15762 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 15772 OF 2026 (GM-CPC) IN WP No. 15762/2026 BETWEEN: FELICE E SANO LLP LIMITED LIABILITY PARTNERSHIP REGISTERED OFFICE AT A 967/6, INDIRA NAGAR 1107, LUCKNOW, UTTAR PRADESH- 226 016 REPRESENTED BY ITS PARTNER MR. HIMANSHU RAITANI. AGE 36 YEARS …PETITIONER (BY SRI. SAMPATH ANAND SHEETY, SENIOR COUNSEL FOR SRI.VIVEK S., ADVOCATE) AND: CULFIT HEALTHCARE PVT. LTD., COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REGISTERED OFFICE ADDRESS AT NO.17/17C, SECTOR 3, HSR LAYOUT, BANGALORE – 560 102 KARNATAKA REPRESENTED BY THEIR AUTHORISED SIGNATORY …RESPONDENT (BY SRI. ARJUN RAO, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 02.05.2026 (ANNEXURE- A) PASSED BY LD LXXXV ADDL. CITY CIVIL AND SESSIONS COURT (COMMERCIAL COURT -CCH-86) BENGALURU ON INTERLOCUTORY APPLICATION NO. 3 (ANNEXURE-B) FILED BY THE PETITIONER. IN WP NO. 15772/2026 BETWEEN: FELICE E SANO LLP LIMITED LIABILITY PARTNERSHIP REGISTERED OFFICE AT A 967/6, INDIRA NAGAR 1107, LUCKNOW, UTTAR PRADESH- 226 016 REPRESENTED BY ITS PARTNER MR. HIMANSHU RAITANI. AGE ABOUT 36 YEARS ...PETITIONER (BY SRI.SAMPATH ANAND SHETTY, SENIOR COUNSEL FOR SRI. VIVEK S., ADVOCATE) AND: CULFIT HEALTHCARE PVT. LTD., COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REGISTERED OFFICE ADDRESS AT NO.17/17C, SECTOR 3, HSR LAYOUT, BANGALORE – 560 102, KARNATAKA. REPRESENTED BY THEIR AUTHORISED SIGNATORY ...RESPONDENT (BY SRI. ARJUN RAO.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 02.05.2026 (ANNX-A) PASSED BY LD LXXXV ADDL. CITY CIVIL AND SESSIONS COURT (COMMERCIAL COURT -CCH-86) BENGALURU ON INTERLOCUTORY APPLICATION NO. 2 (ANNX-B) FILED BY THE PETITIONER OR IN COM.O.S. 750/2026. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER WP.No.15772/2026 is filed questioning the order dated 02.05.2026 passed in I.A.No.2 and WP.No.15762/2026 is filed questioning the order dated 02.05.2026 passed in I.A.No.3 in Com.O.S.No.750/2026 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru. 2. The petitioner before this Court is the plaintiff in the suit. The petitioner had filed the suit for recovery of money and for permanent injunction. Along with the suit, the petitioner had filed I.A.1 seeking exemption of undergoing mandatory PIM proceedings in the light of the urgent reliefs claimed, I.A.Nos.2 - 4 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 and 3 both under Order XXXIX Rules 1 and 2 read with 151 of CPC seeking ad interim injunction restraining the defendant from launching and operating the proposed witness centre at Indira Nagar, Lucknow and to permit plaintiff to continue the existing franchise centre at Gomti Nagar, Lucknow and Mahanagar, Lucknow. 3. The trial Court by order impugned had observed that in so far as dispensation of PIM proceedings are concerned, the defendant is proposing to start the new centres in the month of June 2026 and further civil vacations to the Courts being ensuing, in the light of the urgent reliefs being sought, the trial Court deems it just and proper to dispense institution of PIM proceedings and permit filing of the suit. Accordingly, I.A.No.1 was allowed and as far as I.A.Nos.2 and 3 are concerned, the trial Court had issued suit summons and nonetheless, the trial Court had passed an order and certain observations were made in respect of merits of the matter. 4. Learned counsel for the petitioner submits that the matter may be remanded back to the trial Court. However, the observations that are made needs to be set aside. - 5 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 5. Learned counsel appearing for the respondent submits that the respondent has no objection to remand the matter. 6. Having heard the learned counsels on either side, perused the entire material on record. In this, only suit summons are issued on I.A.Nos.2 and 3, however, the trial Court has made certain observations with regard to the merits of the matter and the said observations need to be set aside. In that view of the matter, this Court is passing the following order: ORDER i. The order passed in I.A.Nos.2 and 3 in Com.O.S.No.750/2026 dated 02.05.2026 by the LXXXV Additional City Civil and Sessions Judge, Bengaluru, is set aside and the matter is remanded back to the trial Court. ii. The trial Court after affording an opportunity to both the parties shall consider the application within 15 days from the date of receipt of copy of this order. - 6 - HC-KAR NC: 2026:KHC:27522 WP No. 15762 of 2026 C/W WP No. 15772 of 2026 iii. Accordingly, both the writ petitions are allowed. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 23