Disposed

M/S. Btv Kannada Private Limited v. M/S. Eaglesight Media Private Limited (Esmpl)

Karnataka HC27 Jan 2023WP/25150/2022

Case brief

AI extract

What is this about?

This High Court of Karnataka disposed of Writ Petition No. 25150 of 2022 as not calling for adjudication because orders on the relevant I.A.s had already been passed by the trial court, though contentions were kept open regarding statutory jurisdiction observations.

What did the court decide?

Petition disposed of as not calling for adjudication; contentions kept open; trial court directed to note operative observations.

M/S. Btv Kannada Private Limited Vs M/S… — Writ and Judicial Review | Karnataka HC (2023)

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WP No. 25150 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25150 OF 2022 (GM-CPC)

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BETWEEN:

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M/S. BTV KANNADA PRIVATE LIMITED., DULY REPRESENTED BY ITS DIRECTORS, 2(A)SEEMANAZ, 2(B)KRISHNAPPA BABU, NO.38, MAHAGANAPATHI NAGAR, WEST OF CHORD ROAD, BENGALURU - 560 010. PRESENT OFFICE AT NO. 32/1-2, CRESCENT TOWER, CRESCENT ROAD, HIGH GROUNDS, BENGALURU - 560 001.

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…PETITIONER

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(BY SRI. SUNIL RAO., ADVOCATE)

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AND:

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Digitally signed by VIDYA G R Location: High Court of Karnataka

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M/S. EAGLESIGHT MEDIA PRIVATE LIMITED, (ESMPL), CHAIRMAN AND DIRECTOR, MR. ASHWIN MAHENDRA, DULY REP. BY HIS AUTHORIZED PERSON, MR. MAHENDRA .B, (FATHER OF ASHWIN MAHENDRA), VIDE LETTER OF AUTHORIZATION DATED 24/01/2022, AGED ABOUT 62 YEARS, RESIDING AT NO. 301/10,

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WP No. 25150 of 2022

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36TH CROSS, 7TH C MAIN ROAD, JAYANGARA 4TH BLOCK, BENGALURU - 560 011.

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M/S EAGLESIGHT TELE MEDIA PRIVATE LIMITED, DULY REP. BY ITS DIRECTOR, 1(A) KRISHNAPAP BABU, 1(B) NARAYAN RAVI KUMAR, NO.68, 1ST STAGE, 5TH PHASE, MAHAGANAPATHINAGAR, 4TH MAIN ROAD, WEST OF CHORD ROD, SHIVANANGAR, BENGALURU - 560 079. REPRESENTED BY AUTHORIZED PERSON NARAYAN RAVI KUMAR, S/O NARAYANA, AGED ABOUT 37 YEARS, RESIDING AT NO.22, DK AND JK, N S IYENGAR STREET, SHESHADRIPURAM, BENGALURU - 560 020.

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MR. GANGADHARAPPA MUNINDRA KUMAR @ KUMAR.G.M, S/O GANGADARAPPA MUNINDRA, AGED ABOUT 47 YEARS, EX.DIRECTOR M/S EAGLESIGHT TELEMEDIA PRIVATE LIMITED, (DEFENDANT NO.1 COMPANY), NO.68,, 1ST STAGE, 5TH PHASE, MAHAGANAPATHINAGAR, 4TH MAIN ROAD, WEST OF CHORD ROAD,SHIVANAGAR, BENGALURU - 560 079.

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MRS. MALLEGOWDANAHALLI KRISHNA MANJULA @ MANJULA.M.K, W/O MR. KUMAR G.M,

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WP No. 25150 of 2022

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AGED MAJOR,

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EX.DIRECTOR M/S EAGLE SIGHT TELEMEDIA PRIVATE LIMITED, (DEFENDANT NO.1 COMPANY), NO.68, 1ST STAGE, 5TH PHASE, MAHAGANAPATHINAGAR, 4TH MAIN ROAD, WEST OF CHORD ROAD, SHIVANAGAR, BENGALURU - 560 079.

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…RESPONDENTS

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(BY SRI.DEEPAK B.R., ADVOCATE/ CAVEAT RESPONDENT/R1)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PARTIES TO ADJUDGE THEMSELVES BEFORE THE TRIAL COURT ON THE PLEA OF STATUTORY JURISDICTION AS OBSERVED BY THIS HONBLE COURT IN CRP NO. 545/2022 AND CONSEQUENTLY PASS SUITABLE ORDERS TO DEFER PRONOUNCEMENT OF ORDERS ON I.A.NO 6 PENDING ON THE FILE OF XVIII ADDL. CITY CIVIL JUDGE, BENGALURU IN O.S. NO. 584/2022 AS PER ANNEXURE-M TILL ADJUDICATION OF STATUTORY JURISDICTION IN TERMS OF COMMERCIAL COURTS ACT, 2015 AND ETC.,

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

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WP No. 25150 of 2022

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ORDER

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Both parties make joint submission that orders have been passed on I.As in M.F.A.No.7382/2022 (IPR) c/w. MFA No.7914/2022 (IPR).

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Submission is taken on record.

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Learned counsel for the petitioner submits that the relief sought for does not survive for consideration. It is also submitted that orders have been passed on I.As.

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Accordingly, the Petition is disposed of as not calling for adjudication. Contentions are kept open. Needless to state that the Trial Court to take note of the observations made in the operative portion of the Order dated 02.01.2023 on I.As in M.F.A.No.7382/2022 (IPR) c/w. MFA No.7914/2022 (IPR).

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Sd/JUDGE

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BNV List No.: 1 Sl No.: 54

M/S. Btv Kannada Private Limited v. M/S. Eaglesight Media Private Limited (Esmpl)

Case brief

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M/S. Btv Kannada Private Limited v. M/S. Eaglesight Media Private Limited (Esmpl)

Case brief

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