Petitioner sought quashing of an interlocutory order passed on an application under Order XXVI Rule 9 CPC in a commercial suit, but withdrew the writ petition with liberty to approach the Court later; suit adjourned to a later date.
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NC: 2024:KHC:9757 WP No. 3426 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3426 OF 2024 (GM-CPC)
BETWEEN:
MAXWORTH REALTY INDIA LIMITED REGISTERED OFFICE AT NO.22/1 RAILWAY PARALLEL ROAD NEHRU NAGAR BANGALORE-560 020. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI. KESAVA K REG. UNDER COMPANIES ACT 1956.
…PETITIONER
(BY SRI. NISHAN G K., ADVOCATE)
AND:
Digitally signed by VANDANA S
Location: High Court of Karnataka
HYDERABAD-500 072.
…RESPONDENTS
(BY SRI.S.C.VENKARESH ADV. FOR R1 TO R6 NOTICE TO R7 IS DISPENSED WITH V/O/DATED: 23/12/2024)
NC: 2024:KHC:9757 WP No. 3426 of 2024
THIS WP IS FILED PRAYING TO QUASH THE ORDER DATED 23/01/2024 PASSED IN THE INTERLOCUTORY APPLICATION NO. XVII (IA NO. 17) FILED UNDER ORDER XXVI RULE 9 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE PASSED BY THE LEARNED C/C X. ADDL. DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) IN COMM OS 377/2020. (ANNEXURE -A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In this petition petitioner seeks the following relief:
“ Issue a writ of Certiorari or any appropriate writ order or direction quashing the Order dated 23.01.2024 passed in the Interlocutory Application No. xvii (I.A. No. 17) filed under Order XXVI Rule 9 read with Section 151 of Code of Civil Procedure passed by the Learned C/C X. Addl. District and Sessions Judge (Commercial Court) in Comm. OS. 377/2020 (ANNEXURE A) .”
NC: 2024:KHC:9757 WP No. 3426 of 2024
3, Petition is disposed of as withdrawn reserving liberty in
favour of the petitioner to approach this Court on a subsequent point in time if need arises.
SD/JUDGE
LRS List No.: 1 Sl No.: 17
1 provisions across 1 enactments
Maxworth Realty India Limited represented by its Chairman and Managing Director Sri. Kesava K
Sri B. Kishore Kumar
Sri B J Kiran Kumar
Dr Sita Uppalapati
Sri M P Sham Sunder
Sri M Vivek
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
