Dismissed¶50

M/S Excel Tech v. M/S Biofi Medical Helathcare India Private Limited

Karnataka HC28 Jan 2025CCC/619/2024

Case brief

AI extract

What is this about?

Contempt petition (CCC 619/2024, Karnataka HC DB, 28-01-2025) by M/s Excel Tech and others against Biofi Medical Healthcare India Pvt. Ltd. and its officers under Ss.11 & 12 Contempt of Courts Act 1971 r/w Art.215 Constitution; alleged wilful and gross disobedience of orders dt.19.08.2021 and 10.07.2023 in W.P.No.15170/2021 (GM-CPC); underlying suit disposed of by trial Court on 30.08.2023 with plaint returned under Order 7 Rule 10 CPC; Court held contempt petition does not survive; dismissed without expressing any opinion on merits.

What did the court decide?

It is made clear that this Court has not expressed any opinion on merits. ¶48-49

M/S Excel Tech Vs M/S Biofi Medical Helathcare India… — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:3836-DB CCC No. 619 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2025

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PRESENT

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

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AND

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THE HON'BLE MR. JUSTICE M.I.ARUN CCC NO. 619 OF 2024 (CIVIL)

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BETWEEN:

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M/S EXCEL TECH

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A PARTNERSHIP FIRM SITUATED AT No.123/1 PLOT NO 28 KANCHANAYAKAN HALLI

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BOMMASANDRA INDUSTRIAL AREA

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BENGALURU-560099 REPRESENTED BY MANAGING DIRECTOR SRI RAVI KUAMR RAJENDRA PRASAD AGED ABOUT 47 YEARS

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S/O RAJENDRA PRASAD

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

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RESIDING AT NO A602

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CONFIDENT AQUILA YAMERA VILLAGE

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SARJAPURA ROAD BENGALURU - 562125

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SRI RAVIKUMAR RAJENDRAPRASAD AGED ABOUT 47 YEARS S/O RAJENDRA PRASAD RESIDING AT A602, CONFIDENT AQUILA YAMERA VILLAGE SARJAPURA ROAD BENGALURU - 562125

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DR AMUTHA DEVI RAVIKUMAR AGED ABOUT 45 YEARS

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NC: 2025:KHC:3836-DB CCC No. 619 of 2024

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W/O RAVIKUMAR RAJENDRAPRASAD RESIDING AT NO A602, CONFIDENT AQUILA YAMERA VILLAGE, SARJAPURA ROAD BENGALURU - 562125

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…COMPLAINANTS

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(BY SRI SRIKANTH V K, ADVOCATE)

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AND:

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M/S BIOFI MEDICAL HELATHCARE INDIA PRIVATE LIMITED PLOT 208 BOMMASANDRA JIGANI LINK ROAD INDUSTRIAL AREA BOMMASANDRA BENGALURU-560105 ALSO AT PIXEL A BLOCK 2^ND FLOOR PES UNIVERISTY ELECTRONICS CITY SOUTH CAMPUS HOSUR ROAD KONAPPANA AGARAHARA, ELECTRONICS CITY BENGALURU - 560100 REPRESENTED BY CHIEF TECHNOLOGY OFFICER MR PAULDURAI SHANMUGAM S/O SHANMUGAM RESIDING AT NO 405 B BLOCK N D PASSION APTS HALURU ROAD KUDLU VILLAGE BENGALURU - 560068

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MR PAULDURAI SHANMUGAM S/O SHANMUGAM CTO BIOFI MEDICAL HELATH CARE INDIA PRIVATE LIMITED

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3 - NC: 2025:KHC:3836-DB CCC No. 619 of 2024

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RESIDING AT NO 405 B BLOCK N D PASSION APTS HALURU ROAD KUDLU VILLAGE BENGALURU - 560068

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GIRMAJI SATHYANARAYANA RAO RAVI 3. S/O GIRIMAJI VENKAT RAO SATHYANARAYANA RAO MANAGING DIRECTOR AT BIOFI MEDICAL HELATH CARE INDIA PRIVATE LIMITED NO 1629 31SR CROSS 18TH MAIN, NEAR MANJUNATHA TEMPLE BSK 2ND STAGE BENGALURU - 560070

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SHANKAR SURYANARAYANA S/O SURYANARAYAN T CEO AT BIOFI MEDICAL HEALTH CARE INDIA PRIVATE LIMITED NO 319 6TH MAIN 3RD CROSS, NGEF LAYOUT SADANANDA NAGAR BANGALORE NORTH BENGALURU - 560038

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D N PRAHLAD S/O NAGARAJACHAR D CHAIRMAN AT BIOFI MEDICAL HEALTH CARE INDIA PRIVATE LIMITED NO 1 SETLUR STREET LANGFORD TOWN BENGALURU - 560025

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R AMBARISH S/O HEADATHALE RAMASASTRY DIRECTOR AT BIOFI MEDICAL HEALTH CARE INDIA PRIVATE LIMITED

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NC: 2025:KHC:3836-DB CCC No. 619 of 2024

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NO APT 5A DEAUVILLE APARTMENTS NO 19 CHURCH STREET BENGALURU - 560001

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…ACCUSED

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(BY SRI V.SANJAY KRISHNA, ADVOCATE FOR R2; SRI SHAILESH S.K, ADVOCATE FOR R3; SRI ASHOK B.PATIL, ADVOCATE FOR R4;

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SRI DEEPAK BHASKAR, ADVOCATE FOR R5 AND 6)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANTS, WHEREIN THEY PRAY THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED/CONTEMNORS FOR WILLFUL AND GROSS DISOBEDIENCE OF THE ORDER DATED 19.08.2021 AND ORDER DATED 10.07.2023 PASSED IN W.P.NO.15170/2021 (GM-CPC) BY THIS HON'BLE COURT VIDE ANNEXURE - D AND E.

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

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NC: 2025:KHC:3836-DB CCC No. 619 of 2024

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

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ORAL JUDGMENT

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

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It is submitted that the applications are disposed of. The original suit is also disposed of by the trial Court on 30.08.2023, as the plaint is ordered to be returned under Order 7 Rule 10 of the Code of Civil Procedure, 1908.

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