- 1 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9637 OF 2025 (GM-CPC) BETWEEN: M/S PONNERI STEEL INDUSTRIES, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT, GNT ROAD, PERAVELLORE VILLAGE, CHINNAMBEDU P.O. THIRUVALLURE DIST - 601 206 REPRESENTED HEREIN BY ITS PARTNER, MR. ANAND GARG. …PETITIONER (BY SMT.ROOPA RON., ADVOCATE FOR SRI. KIRAN V RON., ADVOCATE) AND: 1. M/S. R J RISHIKIRAN PROJECTS PVT LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT, PENT HOUSE, R. J. MANOR APARTMENTS, NO .11/A, 80 FEET ROAD, 3RD BLOCK, KORAMANGALA, BANGALORE - 560 034 REPRESENT BY ITS DIRECTOR, MR.RATNAKAR SHETTY. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 2. MR. RATNAKAR SHETTY. DIRECTOR, M/S. R J RISHIKIRAN PROJECTS PVT. LTD. 21/6, GROUND FLOOR, CRAIG PARK LAYOUT, M. G. ROAD, BANGALORE - 560 001. 3. M/S PRATHIBHA INDUSTRIES LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT, BHARATIYA CITY SURVEY NO. 3250, CHIKKANAHALLI, TANNISANDRA MAIN ROAD, YELAHANKA, BANGALORE - 560 064. …RESPONDENTS (BY SRI. ASHOK PATIL B., ADVOCATE FOR R1 AND R2; V/O DATED 27.06.2025 NOTICE TO R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.02.2025 PASSED ON THE MEMO DATED 27.06.2024 VIDE ANNEXURE-G FILED BY THE PETITIONER IN COM.EX.NO.84/2024, BY THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-83), BENGALURU AT ANNX-A IN SO FAR AS THE EXECUTING COURT REFUSES TO GIVE ANY FINDING AND POSTS THE MATTER FOR AWAITING ORDERS OF THE APPELLATE COURT AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 ORAL ORDER This petition filed by the decree holder in Com.Ex.No.84/2024 on the file of the LXXXII Addl. City Civil and Sessions Judge (CCH-83), Bengaluru is directed against the impugned order dated 03.02.2025 passed in Com.Ex.No.84/2024, whereby the Executing Court declined to proceed further in the matter and directed awaiting further orders in COMAP.No.483/2023 pending before the Hon'ble Division Bench of this Court. 2. Heard learned counsel for the petitioner and learned counsel for respondents 1 and 2 and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner/ decree holder instituted a commercial suit in Commercial O.S.No.132/2020, which was decreed in favour of the petitioner against the respondents/ defendants vide judgment and decree dated 29.09.2023. Aggrieved by the said judgment and decree passed by the Commercial Court, the respondents/ defendants/ judgment debtor has approached this Court in Commercial A.P.No.483/2023 in which the Hon'ble Division Bench - 4 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 passed an interim order of stay dated 22.02.2024 staying the execution and implementation of the judgment and decree subject to the respondents depositing 50% of the decreetal amount within a period of two weeks which was subsequently extended. Thereafter, the petitioner/ decree holder filed a memo before the Executing Court inter-alia contending that the respondents had not complied with the directions issued by the Hon'ble Division Bench in COMAP.No.483/2023 and as such the execution proceedings are to be proceeded with in view of the non-compliance on the part of the respondents. The said memo having been opposed by the respondents/ judgment debtor who contended that they had fully complied with the directions issued by the Hon'ble Division Bench. By the impugned order, the Trial Court proceeded to dispose of the memo declining to give any findings on the rival contentions and directing the parties to await further orders in COMAP.No.483/2023. Aggrieved by the impugned order passed by the Executing Court on the memo filed by the petitioner/ decree holder, petitioner is before this Court byway of the present petition. 4. A perusal of the material on record would indicate that it is an undisputed fact that aggrieved by the judgment and decree - 5 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 dated 29.09.2023, the respondents/ judgment debtor had approached this Court in COMAP.No.483/2023 and the proceedings therein including the order of stay passed by the Hon'ble Division Bench of this Court is clearly a matter of record. It follows there from that the Executing Court as well as both parties including the petitioner and respondents would necessarily have to comply with the directions issued by the Hon'ble Division Bench in COMAP.No.483/2023 as on today. The order sheet maintained by the Hon'ble Division Bench in COMAP.No.483/2023 is as under. 1) "02.01.2024: three weeks for compliance. 2) 22.02.2024: Issue notice to respondents. ORDER ON I.A.No.1/2023 - Ad-interim stay as prayed for in the application subject to appellants depositing 50% of the decreetal sum before this Court within two weeks. Upon deposit, Registrar General of this Court shall keep the said amount in a fixed deposit in any Nationalized Bank for a minimum period of one year with automatic renewal clause and the same shall not be released without leave of this Court. Call on 14.03.2024. - 6 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 3) 14.03.2024: Sri Ashok Patil, learned counsel for the appellants is present before the Court physically and seeks some short accommodation to deposit 50% of the decreetal amount as ordered by this Court. However, without making necessary application, learned counsel for the appellants seeks time to comply the order passed by this Court. Today, learned counsel for the appellants has filed a memo seeking some short accommodation to deposit 50% of the decreetal amount as ordered by this Court. Memo is placed on record. Consequently, two weeks' time is granted to deposit 50% of the decreetal amount. If 50% of the decreetal amount is not deposited within two weeks, the appellants shall deposit 75% of the decreetal amount within a period of two weeks. Learned counsel for the appellants to file a memo to that effect. In the meantime, issue notice against respondent Nos.1 and 2 to participate in this appeal matters. 4) 04.12.2024: Respondent No.2 is still unserved. On the learned counsel for the appellant furnishing the fresh complete address of respondent No.2, - 7 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 notice shall be issued to the said respondent, returnable on 28.01.2025. 5) 28.01.2025: Admit. Let the paper books be filed within four weeks. Trial Court records be requisitioned before the next date of hearing. Re-notify on 08.04.2025. Interim order, if any, to continue till the next date of hearing. 6) 08.04.2025: List next week. Interim order granted earlier is extended till next hearing date." 5. Under these circumstances, I am of the considered opinion that having regard to the directions issued qua the parties to the present proceedings in COMAP.No.483/2023, the Executing Court clearly fell in error in awaiting of further orders by the Hon'ble Division Bench, without appreciating that the further proceedings before the Executing Court would necessarily have to proceed as per the directions issued in COMAP.No.483/2023 as per the proceedings referred to supra. Accordingly, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Executing Court to proceed further in terms of the directions issued in COMAP.No.483/2023 and in accordance with law. - 8 - HC-KAR NC: 2026:KHC:1507 WP No. 9637 of 2025 ORDER i. The petition is hereby allowed. ii. Impugned order dated 03.02.2025 passed by the LXXXII Addl. City Civil and Sessions Judge(CCH- 83), Bengaluru in Com.Ex.No.84/2024 vide Annexure-A is hereby set aside. iii. The matter is remitted back to the Executing Court for reconsideration of the memo filed by the petitioner and to proceed further in the execution proceedings bearing in mind and in terms of the interim orders, directions etc., recorded in COMAP.No.483/2023 referred to supra and after hearing and taking into consideration the contentions of both sides and in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 9