Disposed
Tricity Hositality v. Jay Jay and Kwality Restaurants Pvt. Ltd.
Karnataka HCCOMAP/177/2023
Case brief
from the order text
What is this about?
2023:KHC:23867-DB COMAP No. 177 of 2023 IN…
What the court decided
AI extract
2023:KHC:23867-DB COMAP No. 177 of 2023 IN…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE COMMERCIAL APPEAL NO.177 OF 2023
BETWEEN:
Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA
ALSO AT : H.NO.110 NEAR NAMDEO GURUDWARA WARD NO.11, AHMEDGARH SANGUR PUNJAB-148001 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. NIKHIL VERMA
INDUSTRIAL AREA, PHASE 1 CHANDIGARH-160009.
INDUSTRIAL AREA, PHASE 1 CHANDIGARH-160009
…APPELLANTS
(BY SRI. MITHUN G. A., ADVOCATE)
AND:
JAY JAY AND KWALITY RESTAURANTS PVT LTD A COMPANY INCORPORATED UNDERT THE PROVISIONS OF COMPANIES ACT, 2013 ASSIGNEE OF JAY JAY CAPITAL AND INVESTMENT LIMITED UNDER ASSIGNMENT DEED DATED 05.03.2022 HAVING REGD. OFFICE AT NO.9 SLM COMPLEX, 3RD FLOOR CLUB ROAD, HAMPI NAGAR, RPC LAYOUT VIJAYANAGAR 2ND STAGE BENGALURU-560040 REP BY ITS DIRECTOR UTKRISHT SAHAI
…RESPONDENT
(BY SMT. POONAM PATIL, ADVOCATE)
THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT , PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 18.04.2023 IN IA. NO. 1/2023 PASSED BY THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE CITY (CCH-83), IN COM.A.A. NO. 180/2023 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
- 4 - NC: 2023:KHC:23867-DB COMAP No. 177 of 2023
JUDGMENT
Mr.Mithun G.A., learned counsel for the appellants.
Ms.Poonam Patil, learned counsel for the respondent.
This appeal under Section 13(1A) of the Commercial Courts Act, 2015 has been filed against the order dated 18.04.2023 passed in Com.A.A.No.180/2023 by the LXXXII Additional City Civil & Sessions Judge, Bengaluru City (for short, ' the Commercial Court' ) by which the Commercial Court has granted an exparte order of injunction.
that they shall address the arguments on the application for grant of injunction on 18.07.2023 itself.
facts of the case, the appeal is disposed of with a direction to the Commercial Court to hear the arguments of the parties on the application for temporary injunction on 18.07.2023 and to pass suitable order in accordance with law.
The interim order granted on 09.05.2023 shall continue till the orders are passed on the application for temporary injunction by the Commercial Court.
It is made clear that this Court has not expressed any opinion on the merits of the case of the parties.
Accordingly, the appeal is disposed of.
Sd/JUDGE
Sd/JUDGE
BSR
TRICITY HOSITALITY A PARTNERSHIP FIRM REP BY PARTNERS SRIYUTHS: NIHIL VERMA SURINDER KUMAR KARAN SINGLA PRABHJOT SINGH SUMMERPREET SINGH AND SUBHAM GUPTA
JAY JAY AND KWALITY RESTAURANTS PVT LTD
ALOK ARADHE
ANANT RAMANATH HEGDE
As recorded by the court registry
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