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2026 DAILYLAW 3834 (KAR)

SEVA SWITCHGEAR PVT. LTD. v. SPECTRUM TOOL ENGINEERS PVT. LTD.

WP/13023/2026 · 2026-04-24

H T Narendra Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13023 OF 2026 (GM-CPC) BETWEEN: 1. SEVA SWITCHGEAR PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WITH REGISTERED ADDRESS AT NO.97, MAGADI ROAD, BENGALURU 560023. REP. BY ITS MANAGING DIRECTOR AND AUTHORISED REPRESENTATIVE MR. SRIRAMAN BHASHYAM. 2. MR. SRIRAMAN BHASHYAM AGED 48 YEARS S/O LATE MR. G.V. BHASHYAM HAVING HIS OFFICE AT NO.97, MAGADI ROAD BENGALURU 560023. …PETITIONERS (BY SRI.DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. CHINTAN CHINNAPPA M., ADVOCATE) AND: 1. SPECTRUM TOOL ENGINEERS PVT. LTD. 97/100, MAGADI MAIN ROAD GOVINDARAJA NAGAR WARD PETE CHANNAPPA INDUSTRIAL ESTATE KAMAKSHIPALYA, BENGALURU 560079 REP. BY ITS AUTHORISED REPRESENTATIVE. 2. SPOHN AND BURKHARDT GMBH AND CO. KG MAUERGASSE 5 89143 BLAUBEUREN GERMANY REP. BY ITS AUTHORISED REPRESENTATIVE. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 3. SPOHN BURKHARDT INDIA ELECTROTECHNICAL PVT. LTD. HAVING ITS OFFICE AT NO 68/3-1 GROUND AND FIRST FLOOR YESHWANTPURA INDUSTRIAL SUBURB ASHOKPURAM ROAD BENGALURU 560022. REP. BY ITS AUTHORISED REPRESENTATIVE 4. SPOHN BURKHARDT INDIA MANUFACTURING PVT. LTD. NO 68/3-1, GROUND AND FIRST FLOOR YESHWANTPURA SUBURB, INDUSTRIAL ASHOKPURAM ROAD, BENGALURU-560022 REP. BY ITS AUTHORISED REPRESENTATIVE …RESPONDENTS (BY SRI.C.K.NANDAKUMAR, SENIOR COUNSEL FOR SRI. RISHI ANEJA, ADVOCATE FOR C/R TO R4: SRI RAKESH KINI, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 15/04/2026 IA NO.10 PASSED BY THE HON'BLE LXXXIX ACC AND SESSIONS JUDGE, BENGALURU, COMMERCIAL COURT (CCH-90) IN COM. O.S. NO. 1723/2024 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 ORAL ORDER 1. In this writ petition, the petitioners-plaintiffs have sought for the following reliefs: a) Allow this writ petition and set aside the impugned order dated 15.04.2026 on I.A.No.10 passed by the LXXXIX Addl. City Civil and Sessions Judge, Bengaluru, Commercial Court (CCH-90) in Com.O.S.No.1723/2024 (Annexure-A). b) 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. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in Com.O.S.No.1723/2024 before the Trial Court seeking for relief of injunction. Along with the suit, plaintiffs filed I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC. The Trial Court by order dated 20.12.2024 had granted an exparte order against the - 4 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 defendants. Upon service of summons, the defendants appeared and filed written statement. The defendants filed I.A.No.6 under Order XXXIX Rule 4 of CPC seeking for vacating the exparte interim order. The Trial Court, by order dated 01.04.2026, dismissed the application i.e., I.A.No.1 filed by the plaintiffs and allowed the application i.e., I.A.No.6 filed by the defendants and vacated the exparte interim order dated 20.12.2024. Aggrieved by the order 01.04.2026 passed by the Trial Court, the plaintiffs filed I.A.No.10 under Section 114 of CPC read with Order XLVII Rule 1 read with Section 151 of CPC seeking to review the order dated 01.04.2026 and I.A.No.11 under Section 151 of CPC seeking to extend the ad interim order dated 20.12.2024. The Trial Court, by impugned order dated 15.04.2026 has granted time to file objections to I.A.No.10 and I.A.No.11 and adjourned the matter to 30.04.2026. Being aggrieved by the said order, the plaintiffs are before this Court. - 5 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 4. Learned senior counsel appearing for the petitioners- plaintiffs submits that as per the notification issued by the High Court of Karnataka, the Presiding Officer, who had passed the order dated 01.04.2026 has been transferred. Therefore, he requested this Court to dispose of the writ petition with a direction to the Trial Court to dispose of the review application filed by the plaintiffs to review the order dated 01.04.2026 at the earliest. 5. Learned senior counsel appearing for the caveator- respondent Nos.2 to 4 and learned counsel appearing for caveator-respondent No.1 submits that they have no objection for disposing of the writ petition with a direction to the Trial Court for expeditious disposal of the application and they further submit that they shall appear before the Trial Court on the next date of hearing. 6. In view of the above, the following order is passed: ORDER a) The writ petition is disposed of. - 6 - HC-KAR NC: 2026:KHC:22536 WP No. 13023 of 2026 b) The petitioners-plaintiffs are at liberty to file a memo seeking for advancement of matter to 28.04.2026 before the Trial Court. c) On 28.04.2026, the Trial Court is directed to hear the matter on application i.e., I.A.No.10 filed seeking to review the order dated 01.04.2026; and thereafter, shall pass appropriate orders on the application in accordance with law, on or before 02.05.2026. d) Learned counsel appearing for respective parties shall appear before the Trial Court on 28.04.2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 23