Disposed

M/S Vishwarupa Industries Ltd. v. Sri a C Anantha Swamy

Karnataka HC20 Jul 2022MFA/3283/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka directed the civil court to decide a pending interim injunction application within four weeks. The appeal addressed the excessive delay of over two years in hearing the stay application in the underlying suit.

What did the court decide?

Direction to the civil court to decide I.A.No.1 for temporary injunction within four weeks from the next hearing.

M/S Vishwarupa Industries Ltd. Vs Sri a C… — Civil Procedure and Limitation | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD

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MISCELLANEOUS FIRST APPEAL NO.3283/2022 (CPC)

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BETWEEN:

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M/S VISHWARUPA INDUSTRIES LTD A PUBLIC LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO. 320/1 DEEVITEGE RAMANAHALLI VILLAGE, OPPOSITE BHEL, MYSURU ROAD, BENGALURU 560 026

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REP BY ITS DIRECTOR, SRI.JAI PRAKASH GUPTA

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... APPELLANT

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(BY MS. KEERTANA SWAMYNATHAN, ADVOCATE FOR SRI. YESHU MISHRA, ADVOCATE)

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AND:

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1 . SRI A C ANANTHA SWAMY AGED ABOUT 71 YEARS, S/O LATE PATEL CHIKKAHANUMAIAH NO.117, PATEL HOUSE AVALAHALLI, MYSURU ROAD, BENGALURU 560 026

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2 . SRI. AKSHAY PATEL AGED ABOUT 38 YEARS S/O SRI. A.C ANANTHA SWAMY NO.117 PATEL HOUSE, AVALAHALLI , MYSURU ROAD, BENGALURU 560 026

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3 . SRI. A.AKHYLESH PATEL AGED ABOUT 29 YEARS S/O SRI. A.C.ANANTHA SWAMY NO.117 PATEL HOUSE AVALAHALLI, MYSURU ROAD, BENGALURU 560 026

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4 . SMT. SUNITHA GURUMURTHY W/O LATE A.C.GURUMURTHY AGED ABOUT 59 YEARS NO.121 PATEL HOUSE, AVALAHALLI, MYSURU ROAD, BENGALURU 560 026

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5 . M/S ANAND ENTERPRISED PARTNERSHIP FIRM HAVING ITS OFICT AT NO.117, PATEL HOUSE, AVALAHALLI, MYSURU ROAD, BENGALURU 560 026

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REP BY ITS PARTNERS RESPONDENT NO. 1 AND 4

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... RESPONDENTS

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(BY SRI. M.S.B.ANAND KUMAR, ADVOCATE FOR SRI. N.MAHALINGA BHAT, ADVOCATE FOR R1-R2; SRI. S.R.SRINIVASA GOWDA, ADVOCATE FOR R3; R4 AND R5 ARE SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 26.09.2019 PASSED ON I.A. NO. 1 IN O.S.NO. 6928/2019 ON THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, ISSUING SUIT SUMMONS AND EMERGENT NOTICE OF I.A.NO.1.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The plaintiff in O.S.No.6928/2019 on the file of the

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XXXVIII Additional City Civil Judge, Bengaluru City (for short, ' the civil Court' ) has filed this appeal primarily because its application (I.A.No.1) for temporary injunction is pending consideration for over two [2] years. It is now submitted that the civil Court has heard the learned counsels for the parties on 25.05.2022 and the application listed for orders on 04.06.2022, however, with the presiding officer being transferred, the application will have to be reheard by the incumbent. The learned counsels also submit that the appeal is listed on 25.08.2022.

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This Court is of the considered view that the civil Court, in the facts and circumstances of the case, must be called upon to decide the pending application (I.A.No.1) after hearing the learned counsels for the parties within

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four [4] weeks from the next date of hearing.

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The appeal stands disposed of with such directions to the civil Court.

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M/S Vishwarupa Industries Ltd. v. Sri a C Anantha Swamy

Case brief

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M/S Vishwarupa Industries Ltd. v. Sri a C Anantha Swamy

Case brief

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