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2026 DAILYLAW 2669 (KAR)

M/S. KAVYA PROJECTS PVT. LTD, v. M/S. CAPGEMINI TECHNOLOGY SERVICES INDIA LTD.,

WP/4584/2026 · 2026-04-08

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19657 WP No. 4584 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4584 OF 2026 (GM-RES) BETWEEN: M/S. KAVYA PROJECTS PVT. LTD, H-907, NAGARJUNA RESIDENCY, NCC URBAN, GACHINOWLI, HYDERABAD-500 032. REPRESENTED BY AUTHORISED SIGNATORY …PETITIONER (BY SRI. UDAYA HOLLA, SR. ADVOCATE FOR SRI. BAPAT SAMPATH VINAYAKA RAO., ADVOCATE) AND: 1. M/S. CAPGEMINI TECHNOLOGY SERVICES INDIA LTD., (SUCCESSOR IN INTEREST OF ALTRAN TECHNOLOGIES INDIA PVT. LTD.), PLOT NO.14, RAJIV GANDHI INFOTECH PARK HINIJEWADI PHASE III, MIDC-SEZ, VILLAGE MAN, TALUKA, MULSHI, PUNE, MAHARASHTRA, INDIA-411 057. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. GAURAV SINGHAL. 2. HON'BLE MR. JUSTICE (RETD.) N.KUMAR, SOLE ARBITRATOR, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19657 WP No. 4584 of 2026 ARBITRATION AND CONCILIATION CENTRE, BENGALURU (DOMESTIC AND INTERNATIONAL) …RESPONDENTS (BY SRI. KARAN JOSEPH., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE THE ORDER DATED 15.12.2025 PASSED BY THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-5), BENGALURU IN A.P.NO.52/2025 AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11 OF CPC, ANNEXURE-J AND B) DISMISS THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-5), BENGALURU IN A.P.NO.52/2025 AND C) PASS SUCH OTHER AND FURTHER ORDERS AS ARE JUST AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FRESH MATTERS LIST HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER An application filed under Order VII Rule 11 of CPC filed by petitioner/defendant is rejected by the Court below and therefore, defendant has filed a petition under Article 227 of the Constitution which is not maintainable. - 3 - HC-KAR NC: 2026:KHC:19657 WP No. 4584 of 2026 2. An order rejecting the application filed under Order VII Rule 11 of CPC is revisable under Section 115 of CPC. 3. Reserving liberty to petitioner to file a revision, captioned petition stands disposed of. 4. Registry to forthwith return all certified copies after securing photocopies. 5. Time spent before this Court shall stand excluded by granting benefit under Section 14 of the Limitation Act, 1963, in the event Civil Revision Petition is filed within a period of two (2) weeks from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 59