- 1 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4782 OF 2026 (GM-CPC) BETWEEN: M/S TAURUS ENGINEERING PARTNERSHIP FIRM REP. BY ITS AUTHORISED REPRESENTATIVE, MR. RAHUL CHANDRA, PROPRIETRIX. MRS. PARUL CHANDRA PROPRIETRIX W/O RAHUL CHANDRA AGED ABOUT 44 YEARS. MR. SHRIKANT D KULKARNI S/O DINKARRAO KULKARNI AGED ABOUT 55 YEARS ALL HAVING OFFICE AT, NO. 1266, GROUND FLOOR, 11TH CROSS, 22ND MAIN, HSR LAYOUT, SECTOR-1, BENGALURU- 560 102. &PETITIONER (BY SRI. SHIVASHANKAR S K., ADVOCATE) AND: 1. M/S. SUMANA FAB TECH PARTNERSHIP FIRM Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 HAVING ITS OFFICE AT NO. 40, 8TH MAIN, 2ND CROSS SLV INDUSTRIAL ESTATE PEENYA, 2ND STAGE BENGALURU- 560 058. REP. BY ITS PROPRIETOR, SRI. P. H. MANJUNATH. 2. GAJARAJ BASPATTE AGED MAJOR, S/O KASHINATH BASPATTE KANAKA COLONY, ATWAL KAPLAPUR, BIDAR KARNATAKA-585 402 MOBILE NO.9850686687. 3. B. G. SWAMY S/O GANGARAJU AGED: MAJOR NO.132, 14TH MAIN ROAD 1ST CROSS, MANAKAMALA SAMPIGE LAYOUT, KAMAKSHIPALYA BENGALURU 3 560 079 MOBILE NO. 7337673035. 4. VIJAY N, S/O NARASIMHA, AGED MAJOR, NO.40, HANUMAN LAYOUT VIDYARANAYAPURA POST TINDLU, NEAR LAKESHORE GARDEN BENGALURU-560 097 MOBILE NO.9480502385. 5. AJAY KUMAR SINGH ALIAS SULATENI KUMAR MAJOR - 3 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 S/O BASHISHT KUMAR SINGH ADD: S/O BASISHTH SINGH, ARKPUR DARAULI, ARAKPUR, SIWAN BIHAR 3 841245 6. ARAVIND KUMAR SINGH S/O BADAN SINGH, GAJIYAPUR, AGED MAJOR, CHORMA SIWAN, BHAGWANPUR HAT, BIHAR-841 406, MOBILE NO.8651272769. 7. GUDDU KUMAR YADAV S/O LAL BIHARI YADAV, AGED ABOUT MINOR, R/AT. RAMPUR, BUZUG, DEORI BANKATA, UTTAR PRADESH-274 704, MOBILE NO.9616154743 /9453612265. 8. CHHOTELAL SAHANI (ALIA SANJAY SAHANI), S/O VISHWANATH SAHANI, AGED MAJOR, R/AT. S/O VISHWANATH SAHANI, HARIVASHPUR, HARIBANSHPUR, VAISHALI BIHAR-844 114. 9. ARVIND KUMAR PASWAN S/O LAKSHMAN PASWAN, AGED MAJOR, ADD: LAKSHMAN PASWAN, VILLAGE GAWASARA, MUZAFFARPUR, A. BISHANPUR, BIHAR-843 113. - 4 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 10. BALIRAM YADAV, S/O SUREN YADAV, AGED MAJOR, ADD: NO.81, BHATPAR RANI, VTC, RUSTAM BAHIARI, PO, KOTHILWA SUB DISTRICT, BHATPAR RANI, DEORIA, UTTAR PRADESH-274 702. 11. DHARMENDRA KUMAR SAHANI, S/O LAN NAND, AGED MAJOR, ADD: NO. BALUA, KETAKAT CHANDWAK JAUNPUR, CHANDWAK, UTTAR PRADESH-222 129, MOB NO.8795232636. 12. VICKY KUMAR S/O LAKSHMAN PASWAN, AGED MAJOR, R/AT. GAWSARA, MUZAFARPUR, BIHAR-843 113. 13. SUPREETH N, AGED MAJOR, S/O NAGARAJU CHANGAVI ANNAYAPPA, GUBBI TALUK, CHIKKA CHANGAVI, TUMAKURU-572 101 MOB NO.9632826933. 14. GEETABAI HANGARGIKAR, AGED MAJOR, NO.6-7, GROUND FLOOR, BHRESHWARA INDUSTRIAL ESTATE, - 5 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 ANDRAHALLI MAIN ROAD, 16TH CROSS ROAD, BENGALURU-560 091, MOBILE NO.9701371000. 15. PURNIMA HANGARGIKAR, AGED ABOUT MAJOR SDGM OFFICE, SCR, RAIL NILYAM, SECUNDERABAD-500 025, MOBILE NO.97013 70006. &RESPONDENTS (BY SRI. JEEVAN K., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH ORDER PASSED BY THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-85) (COMMERCIAL COURT) IN COM. O.S.NO.111/2024 DATED 16.12.2025, DISMISSING I.A NO.9/2025 FILED BY THE DEFENDANT NOS. 1 TO 3/PETITIONER HEREIN UNDER ORDER 1 RULE 10(2) OF THE CODE OF CIVIL PROCEDURE FOR THE PURPOSE OF IMPLEADING THE PROPOSED DEFENDANT NOS. 4 TO 17 IN THE SUIT VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant has called in question the order dated 16.12.2025 passed by the LXXXIV Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.9 filed under Order 1 Rule 10(2) of CPC, in Com.O.S.No.111/2024, whereby the said application has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit in Com.O.S.No.111/2024 before the Trial Court seeking relief of recovery of money. After service of suit summons, the defendant appeared and filed written statement and counter claim. Based on the pleadings of the parties, the Trial Court framed issues and parties adduced evidence. Thereafter, the defendant filed I.A.No.9 under Order 1 Rule 10(2) of CPC seeking to - 7 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 implead the proposed defendants to the suit on the ground that in the cross examination of PW-1, it was admitted that some of the proposed defendants had colluded with the plaintiff and engaged in a criminal conspiracy relating to misappropriation of materials and funds. The Trial Court, by order dated 16.12.2025, rejected the application. Aggrieved by the impugned order dated 16.12.2025 passed by the Trial Court, the present petition is filed by the defendant. 4. The evidence of PW-1 has been completed in the year 2024. The I.A.No.9 has been filed by the defendant on 10.07.2025. In support of the application, the defendant has not produced any materials to establish that the proposed defendants have committed misappropriation and sold SS Tank to other purchasers for making gain. The application appears to have been filed only to protract the proceedings. Therefore, the Trial Court was justified in rejecting the application. - 8 - HC-KAR NC: 2026:KHC:15595 WP No. 4782 of 2026 5. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court warranting interference by this Court. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 21