Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010601982025 NC: 2026:KHC:46549 WP No. 27731 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27731 OF 2025 (GM-CPC) BETWEEN:
1.
BHARATH G V SON OF LATE SHRI. G. K.
VEERESH, AGED ABOUT 52 YEARS, MANAGING DIRECTOR AT HUMAN INTERFACE CONSULTING (INDIA) PRIVATE LIMITED, OFFICE AT 17/3, ALI ASKAR ROAD, BENGALURU- 560 042. …PETITIONER (BY SRI SIDDHANT S.DARIRA, ADVOCATE FOR SRI. ARUN GOVINDRAJ., ADVOCATE) AND:
1.
MPHASIS LIMITED OFFICE AT BAGMANE WORLD CENTRE, MARATHAHALLI RING ROAD, DODDANAKUNDI VILLAGE, BENGALURU- 560 048.
REPRESENTED BY ITS SENIOR VICE PRESIDENT AND COMPANY SECRETARY- MR. SUBRAMANIAN NARAYAN …RESPONDENT (BY SRI. DHANANJAY V.JOSHI, SENIOR COUNSEL FOR SMT.
KAVITHA DAMODARAN., ADVOCATE)
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR
CNR: KAHC010601982025 NC: 2026:KHC:46549 WP No. 27731 of 2025
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, DIRECTION OR ORDER QUASHING THE ORDER DATED 07.08.2025, PASSED BY THE LEARNED CITY CIVIL JUDGE CCH-88 IN COM. EX. NO.
740/2024 ANNEXURE-H
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER This writ petition is filed by the petitioner, who is the Managing Director of Judgment Debtor Company, under Articles 226 & 227 of the Constitution of India, challenging the order dated 07.08.2025 passed by the LXXXVII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (hereinafter referred to as the ‘Commercial Court) in Com.Ex.No.740/2024, whereby arrest warrant has been issued against the petitioner.
2. The respondent herein filed Ex.P.No.3219/2017 before the LX Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the ‘Executing Court’) to execute the arbitration award dated 06.11.2015.
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HC-KAR
CNR: KAHC010601982025 NC: 2026:KHC:46549 WP No. 27731 of 2025
The Executing Court has passed an order under Order XXI Rule 41(2) of Code of Civil Procedure on 13.04.2023, directing the petitioner - Managing Director, to file an affidavit, stating complete particulars of all assets owned by the judgment debtor on or before 30.05.2023. In the meantime, the execution petition has been transferred to Commercial Court and it is re-numbered as Com.Ex. No.740/2024. The Commercial Court, in Com. Ex.No.740/2024 has passed an order under Order XXI Rule 41(3) of CPC on 07.08.2025, issuing arrest warrant against the Managing Director of Judgment Debtor Company. Being aggrieved by the same, the petitioner is before this Court.
3. Learned counsel appearing for the petitioner submits that the petitioner is ready to comply with the
order passed by the Executing Court under Order XXI Rule 41(2) of the CPC and that the Managing Director is ready to file an affidavit.
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HC-KAR
CNR: KAHC010601982025 NC: 2026:KHC:46549 WP No. 27731 of 2025
4. In view of the above and in the interest of justice, I am of the opinion that the petitioner may be permitted to file an affidavit in terms of the order dated 13.04.2023 passed by the Executing Court under Order XXI Rule 41(2) of CPC, within the time limit to be fixed by this Court. Till then, the impugned order may be kept in abeyance. Accordingly, the following:
ORDER (i) The writ petition stands disposed of. (ii) The petitioner herein is directed to file an affidavit as per the directions issued by the Executing Court on 13.04.2023 under Order XXI Rule 41 (2) of CPC, on or before
21.09.2026. (iii) The Commercial Court is
directed to consider the affidavit to be filed by the petitioner. If the Commercial Court is satisfied with the same, it can drop the
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HC-KAR
CNR: KAHC010601982025 NC: 2026:KHC:46549 WP No. 27731 of 2025
further proceedings in respect of the order dated 07.08.2025. If the Commercial Court is not satisfied with the affidavit filed by the petitioner, it may proceed with the order dated 07.08.2025. (iv) Till then, the impugned order is kept in abeyance.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 32