- 1 - HC-KAR NC: 2026:KHC:27165 WP No. 15179 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. 15179 OF 2026 (GM-CPC) BETWEEN: 1. RATEESH T.P. @ RATHEESH T.P., S/O CHANDRAN T.C AGED 50 YEARS RESIDING AT NO.205, 2ND FLOOR, DHIRAAN NEWYORK MEDOWS, 29/2 IGGALURU VILLAGE, ATTIBELE HOBLI, CHANDAPUR BENGALURU – 560 099 2. M/S ALVO MOBILITY LLP, A LIMITED LIABILITY PARTNERSHIP HAVING OFFICE AT NOVEL TECH PARK NO.49/4 GB PALYA. KUDLU GATE, HOSUR ROAD, BENGALURU -560 068 REPRESENTED BY ITS AUTHORISED SIGNATORY CHIEF ADMINISTRATIVE OFFICER MR.RATEESH T.P @RATHEESH T.P …PETITIONERS (BY SRI. ABHISHEK R., ADVOCATE) AND: 1. CALEDON TECHNOLOGIES INDIA PVT. LTD., HAVING REGIONAL OFFICE AT NOVEL BUSINESS PARK, BALDWINS ROAD, NEELASANDRA, BANGALORE REPRESENTED BY ITS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27165 WP No. 15179 of 2026 AUTHORISED SIGNATORY, MR. VISHAL SONI 2. ANISH KORUTH PHILIP KALLUPARAMBIL PHILIP S/O K.P PHILIP, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO.A203, 2ND FLOOR, VAKIL MAGNOLIA, SY.NO.115/1 AND 2 MADIVALA VILLAGE, ANEKAL TALUK, BENGALURU -562 106 3. MANVINDER SINGH SAWHNEY, S/O RAJINDER SINGH SAWHNEY, AGED ABOUT 61 YEARS, NO.P-10/4, 3RD FLOOR, DLF PHASE-2 SECTOR 25, GURGAON, HARYANA-122 011 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE COMMERCIAL COURT NOT TO DELIVER POSSESSION OF THE PROPERTY IN LOT NO.1 TO RESPONDENT NO.3 UNTIL ALL OF THE CONTENTIONS/ISSUES WITH RESPECT TO THE AUCTION HAVE BEEN HEARD AND DECIDED BY THE COMMERCIAL COURT IN COM.EX NO.198 OF 2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioners have come up before this Court seeking the following prayer: - 3 - HC-KAR NC: 2026:KHC:27165 WP No. 15179 of 2026 “Wherefore, the petitioner most respectfully pray this Hon’ble Court be pleased to: a. Issue a writ of mandamus directing the Commercial Court not to deliver possession of the property in Lot No.1 to respondent no.3 until all of the contentions/issues with respect to the auction have been heard and decided by the Commercial Court in Com.Ex No.198/2024. b. Pass any other relief as this Hon’ble Court may deem fit under the facts and circumstance of the case in the interest of justice and equity.” 2. It is submitted that in respect of the very same property, the petitioner has an order of attachment before judgment. There is an award passed and the matter is carried till Hon’ble Supreme Court. Now the Hon'ble Apex Court has ordered for mediation and petitioner has also received a notice in that regard and the petitioner wants to participate in the same. It is submitted that in the meantime respondent No.3 has filed an application to break open the lock and the same is pending consideration before the Court. It is submitted that as the proceedings are pending before the Hon’ble Supreme Court, an order may be passed directing the trial Court not to pass any orders on the pending applications. - 4 - HC-KAR NC: 2026:KHC:27165 WP No. 15179 of 2026 3. This Court is not able to appreciate the submissions made on behalf of the petitioner and this Court cannot pass any orders directing the Commercial Court not to pass any orders. Whatever is the grievance of the petitioner, he should have ventilated before the Commercial Court and the Commercial Court would have passed an order. If the petitioner is aggrieved, he can come before this Court and this Court cannot entertain a writ petition of this nature. In that view of the matter, this Court is passing the following: ORDER. i. Accordingly, the writ petition is disposed of giving liberty petitioner to avail the remedy before the Commercial Court. ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 17