- 1 - HC-KAR NC: 2026:KHC:9480 WP No. 927 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.927 OF 2026 (GM-CPC) BETWEEN: UNION OF INDIA REPRESENTED BY EXECUTIVE ENGINEER (BANGALORE-1), CPWD, 3RD FLOOR, ‘A’ WING, KENDRIYA SADAN, BANGALORE-560 046. …PETITIONER (BY SRI. SHIVAKUMAR, ADVOCATE) AND: MR. J.M. SWAMY NO. 20, 8TH ‘B’ MAIN, RAJMAHAL VILAS EXTENSION, BANGALORE-560 080. …RESPONDENT (BY SRI. P HARISCHANDRA REDDY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.12.2025 PASSED BY HON'BLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-84), BANGALORE IN COM.EX. NO.1033/2025, VIDE ANNEXURE B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9480 WP No. 927 of 2026 ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue a Writ of Certiorari or any appropriate writ or order or direction, to set aside the impugned order dated 12.12.2025 passed by Hon’ble LXXXIII Additional City Civil & Sessions Judge (CCH-84), Bangalore in Com.Ex.No.1033/2025 vide Annexure-B; (ii) To call for records in Com.Ex.No.1033/2025, pending before the Hon’ble LXXXIII Additional City Civil & Sessions Judge, Bangalore [CCH-84]; (iii) Direct the respondents to submit the Memo of Calculation in the Prescribed proforma as mentioned in the Arbitral Award dated: 31.05.2025 vide Annexure-C, before the Hon’ble LXXXIII Additional City Civil & Sessions Judge, Bangalore [CCH-84] in Com.Ex.No.1033/2025; (iv) To pass suitable orders, it may deem fit, in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record and the impugned order will indicate that the Executing Court has directed issuance of delivery warrant on 12.12.2025 as against the petitioner as hereunder: - 3 - HC-KAR NC: 2026:KHC:9480 WP No. 927 of 2026 “Case called out in the open Court. Counsel for Dhr present and submits that he has already filed memo of calculation. Jdr absent. Counsel present and again prays time. Counsel for Dhr paid PF along with list of movables and also deposited minimum transportation charges with a request to reissue warrant for attachment of movables of Jdr. Heard and perused, it appears that, despite having sufficient means, Jdr has failed to pay the outstanding amount to the Dhr which indicates that Jdr is deliberately avoiding the payment, hence, prayer of the Counsel for Jdr is rejected. Reissue warrant for attachment of movables of Jdr. Call on 21.01.2026.” 4. Learned counsel for the petitioner submits that the Executing Court has proceeded on the premise that the petitioner had not filed memo of calculation and an opportunity may be granted in favour of the petitioner in this regard by remitting the matter by issuing necessary directions to the Executing Court in the matter, which is posted on 20.02.2026. 5. The said submission is placed on record. 6. Accordingly, the petition is hereby disposed of. - 4 - HC-KAR NC: 2026:KHC:9480 WP No. 927 of 2026 7. Petitioner – judgment debtor is directed to file Memo of Calculation before the Executing Court on 20.02.2026. 8. The Executing Court is directed to consider the Memo of Calculation already filed by the respondent – decree holder and the Memo of calculation to be filed by the petitioner and pass appropriate orders as expeditiously as possible on or before 30.04.2026. 9. It is further directed that till the Executing Court passes appropriate orders on the Memos of Calculations filed / to be filed by the parties, the impugned order shall remain in abeyance without prejudice to the rights and contentions of the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 14