M/S. Unishire Promoters Pvt., Ltd., Vs… — Company and Corporate | Karnataka HC (2025)

M/S. Unishire Promoters Pvt., Ltd., Vs… — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the Court should exercise its contempt jurisdiction under the Contempt of Courts Act, 1971 against the accused persons for alleged deliberate disobedience of the interim order dated 25.09.2024 passed in Review Petition No.436 of 2024. +1 more

Court's answer

The Court was not inclined to exercise the contempt jurisdiction under the Contempt of Courts Act, 1971 because the order allegedly disobeyed was an interim order; the complainant was left at liberty to work out its rights and remedies before learned Single Judge in the pending proceedings.

Ratio / Principle

An interim order necessarily implies that the rights of the parties are not finally crystallized.

Key takeaways

The subject matter and its merits were at large before learned Single Judge in the pending proceedings and the other side was still to be heard.ratio¶28

Detailed headnote1 paragraphs

Contempt — CCC No. 1425 of 2024 (Civil), High Court of Karnataka at Bengaluru (Coram: Chief Justice N. V. Anjaria and Justice M.I. Arun; judgment per the Chief Justice), decided 30-01-2025: Unishire Promoters Pvt., Ltd. (complainant, represented by Sri Pratik K Mehta, through advocate G S Venkat Subba Rao) sought action under Sections 11 and 12 of the Contempt of Court Act against Sri N.S.Srikanth (authorized signatory) and Sri Sriram Subramaniay Iyer (Managing Director) of M/s Happiness Harmony Property Developers Private Limited for alleged deliberate disobedience of the interim order dated 25.09.2024 passed by learned Single Judge in Review Petition No.436 of 2024 directing maintenance of status quo in all respects till the next date of hearing. The Court held that, being an interim order, the parties' rights were not finally crystallized, the subject matter and merits remained at large before learned Single Judge with the other side still to be heard, and therefore declined to exercise the contempt jurisdiction under the Contempt of Courts Act, 1971. The contempt petition was disposed of as not entertained, with liberty to the complainant to work out its rights and remedies before learned Single Judge in the pending proceedings.

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NC: 2025:KHC:4263-DB CCC No. 1425 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.I.ARUN CCC NO. 1425 OF 2024 (CIVIL)

BETWEEN:

M/S. UNISHIRE PROMOTERS PVT., LTD., A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT 1956 AND HAVING ITS OFFICE AT

PRESENTLY NO. 42, CASTLE STREET ASHOK NAGAR BENGALURU 560 025 REP BY ITS AUTHORIZED SIGNATORY SRI PRATIK K MEHTA

…COMPLAINANT

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

(BY SRI G S VENKAT SUBBA RAO, ADVOCATE)

AND:

SRI N.S.SRIKANTH FATHER'S NAME NOT KNOWN TO THE COMPLAINANT AGED ABOUT 36 YEARS AUTHORIZED SIGNATORY M/S HAPINESS HARMONY PROPERTY DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT

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NC: 2025:KHC:4263-DB CCC No. 1425 of 2024

4^TH FLOOR, ISPAHANI CENTRE NO. 123 AND 124, UTHAMAR GANDHI SALAI (NUNGAMBAKKAM HIGH ROAD ) CHENNAI 600034

SRI SRIRAM SUBRAMANIAY IYER FATHER'S NAME NOT KNOWN TO THE COMPLAINANT MANAGING DIRECTOR M/S HAPPINESS HARMONY PROPERTY DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT 4^TH FLOOR, ISPAHANI CENTRE NO. 123 AND 124 UTHAMAR GANDHI SALAI (NUNGAMBAKKAM HIGH ROAD ) CHENNAI 600034

…ACCUSED

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO APPREHEND THE ACCUSED PERSONS AND DEAL WITH ACCUSED PERSONS IN ACCORDANCE WITH LAW FOR HAVING COMMITTED DELIBERATE DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON'BLE HIGH COURT OF KARNATAKA AT BENGALURU IN REVIEW PETITION NO.436/2024 ORDER DATED 25.09.2024 VIDE ANNEXURE-.A.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

3 - NC: 2025:KHC:4263-DB CCC No. 1425 of 2024

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The present contempt petition is directed against the order dated 25.09.2024 which is admittedly an interim order, whereby learned Single Judge, during the pendency of Review Petition No.436 of 2024, directed the parties to maintain status quo in all respects in relation to the subject matter till the next date of hearing.

Not only that the order is interim order which necessarily implies that the rights of the parties are not finally crystallized, status quo was directed till the next date of hearing. The subject matter and the merits thereof is at large before learned Single Judge in the pending proceedings. The other side is still to be heard.

For all the aforesaid reasons and more particularly, in view

that the order is an interim order, the Court is not inclined to

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NC: 2025:KHC:4263-DB CCC No. 1425 of 2024

exercise the contempt jurisdiction under the Contempt of Courts Act, 1971. The complainant is at liberty to work out its rights and remedies before learned Single Judge in the pending proceedings.

The present contempt petition is disposed of as not

entertained.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

KPS

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