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2026 DAILYLAW 30278 (KAR)

M/S CRESURGE E-BUSINESS SOLUTION PVT LTD v. M/S PEPPER INTERACTIVE COMMUNICATIONS

WP/21258/2026 · 2026-07-16

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010471642026 NC: 2026:KHC:36504 WP No. 21258 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21258 OF 2026 (GM-CPC) BETWEEN: M/S CRESURGE E-BUSINESS SOLUTION PVT LTD., (PRESENTLY KNOWN AS CRESURGE PRIVATE LIMITED) A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, MANANDI PLAZA, ST. MARKS ROAD, SHANTALA NAGAR, ASHOK NAGAR, BENGALURU- 560050. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. AKSHAY KUMAR. …PETITIONER (BY SRI CHINTAN CHINNAPPA M, ADVOCATE) AND: M/S PEPPER INTERACTIVE COMMUNICATIONS A SOLE PROPRIETORSHIP, HAVING OFFICE AT 6TH FLOOR, 19/5-19/6, KAREEM TOWERS, CUNNINGHAM ROAD, BENGALURU- 560052. REPRESENTED BY ITS SOLE PROPRIETOR MR. ROSHAN MOHAN. …RESPONDENT (BY SRI HIRAN KRISHNASWAMY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ALLOW THE WRIT PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 06TH JULY 2026 (ANNEXURE-A) IN COM. A.P. NO. 11/2026 PASSED BY THE HON'BLE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-83), BENGALURU AND ETC. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010471642026 NC: 2026:KHC:36504 WP No. 21258 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present Writ Petition is filed seeking the following prayers: "WHEREFORE, the petitioner most respectfully prays that this Hon'ble Court may be pleased to: A. Allow the Writ Petition and set aside the impugned order dated 6th July 2026 (ANNEXURE-A) in Com. A.P.No.11/2026 passed by the Hon'ble LXXXII Addl. City Civil & Sessions Judge (CCH-83), Bengaluru; B. Direct the Hon'ble LXXXII Addl. City Civil & Sessions Judge (CCH-83), Bengaluru to dispose of I.A.No.2 (ANNEXURE-F) filed by the Petitioner in Com.A.P.No.11/2026 expeditiously, within a period of 1 (one) week; C. Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interests of justice and equity; D. Costs be provided for." 2. Learned counsel appearing for the petitioner submits that the award amount was Rs.1,38,000/-, along with - 3 - HC-KAR CNR: KAHC010471642026 NC: 2026:KHC:36504 WP No. 21258 of 2026 interest, according to the respondent it would be Rs.3.3 crores in a span of one year. Learned counsel further submits that he has filed an application seeking stay of execution of the award, i.e., I.A.No.2, which the Trial Court has not considered. Hence, he is before this Court. Learned counsel submits on the merits of the matter, that there may be a direction to the respondent not to precipitate the execution. 3. Learned counsel for the respondent submits on the merits of the matter and submits that the Writ Petition is not maintainable. 4. According to the learned counsel for the respondent, he is on caveat. According to the learned counsel for the petitioner, respondent's caveat is expired. 5. Having heard the learned counsel on either side, perused the material on record. The grievance of the petitioner is that I.A.No.2 has not been considered by the Trial Court. In the considered opinion of this Court, if the Trial Court is directed to consider the application, it would serve the ends of justice. In this process, this Court cannot pass any interim - 4 - HC-KAR CNR: KAHC010471642026 NC: 2026:KHC:36504 WP No. 21258 of 2026 order affecting the rights of the parties. In that view of the matter, this Court is passing the following: ORDER (i) The Writ Petition is disposed of directing the Trial Court to decide I.A.No.2 as expeditiously as possible but not later than a week from the date of receipt of certified copy of this order. (ii) All the contentions are left open to the parties. All pending I.As., in the Writ Petition shall stand disposed of. SD/- (LALITHA KANNEGANTI) JUDGE GVP List No.: 1 Sl No.: 25