Allowed

Phoenix Arc Private Limited v. Smt K C Shobha

Karnataka HC1 Feb 2023WP/108/2023

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 sought direction to the trial court to dispose of an application for vacation of an ex-parte injunction within 30 days, alleging prejudice and delay in the pending proceeding.

What did the court decide?

Directed the Additional District and Sessions Judge, Tumkur, to dispose of I.A. no.3 under Order XXXIX Rule 4 of CPC in R.A. no.174/2022 within 30 days. The writ petition was disposed of.

Phoenix Arc Private Limited Vs Smt K C Shobha — Company and Corporate | Karnataka HC (2023)

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WP No. 108 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 108 OF 2023 (GM-CPC)

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BETWEEN:

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PHOENIX ARC PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, DANI CORPORATE PARK, NO.158M CST ROAD, KALINA SANTA CRUZ (EAST), MUMBAI - 400098, REP. BY ITS AUTHORIZED SIGNATORY, MR AMIT MASEKAR.

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…PETITIONER

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(BY SRI P S RAJAGOPAL, SR. COUNSEL FOR SRI B.C. AVINASH, ADVOCATE)

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AND:

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Digitally 1. SMT K C SHOBHA, signed by VIJAYA P D/ LATE K C CHINNAPPA REDDY, Location: High Court of AGED ABOUT 50 YEARS, Karnataka PERMANENTLY R/AT MASKAL, GULURU HOBLI, TUMKUR DISTRICT - 560034. ALSO AT: NO.45, 4TH BLOCK, 100 FEET ROAD, KORAMANGALA, BANGALORE - 560 034.

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SRI K C MURALI KRISHNA, S/ KT CHINNAPPA REDDY, AGED ABOUT 53 YEARS, R/AT 123, 16TH A MAIN,

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WP No. 108 of 2023

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4TH CROSS, 4TH BLOCK, KORAMANGALA, BANGALORE - 560034.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR TO CONSIDER AND DISPOSE OF I.A.NO.3, FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 4 OF CPC, IN R.A.NO.174/2022 VIDE ANNEXURE-T IN TERMS OF ORDER XXXIX RULE 4 OF CPC OR OTHER ORDER OR ORDERS.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Issuance of notice to respondents is waived in light of

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the limited prayer whereby the early disposal of pending application has been sought for.

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The main relief is for a direction for disposal of I.A.3 filed under Order XXXIX Rule 4 of CPC in R.A.No.174/2022.

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It is noticed from the order sheet that an

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ex-parte ad-interim injunction was granted on 17.08.2022.

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The application for vacation of the ex-parte order of

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WP No. 108 of 2023

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injunction came to be filed on 09.09.2022 but the said application has not been disposed off till date.

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It is submitted that operation of the ex-parte

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order of injunction causes undue prejudice and hardship to the petitioner.

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In light of the admitted facts, the trial Court is directed to dispose off I.A.3 filed under Order XXXIX Rule

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4 of CPC in R.A.No.174/2022 within a period of 30 days from the date of furnishing of certified copy of this order before the trial Court.

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Accordingly, writ petition is disposed off .

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Sd/JUDGE

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Phoenix Arc Private Limited v. Smt K C Shobha

Case brief

What is this about?

What did the court decide?

Phoenix Arc Private Limited v. Smt K C Shobha

Case brief

What is this about?

What did the court decide?

What the court decided

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