Sri. Bandihal.M Vs M/S. Unique Detective and Security Services Pvt. Ltd. — Karnataka HC (2026) — LawSathi Research

Sri. Bandihal.M Vs M/S. Unique Detective and Security Services Pvt. Ltd. — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of on the record of the respondents' undisputed submission; all contentions kept open, to be decided in the original suit, if so required.

Issue for consideration

Whether the application (I.A.No.1) seeking that the notice/communication dated 12.05.2020 not be acted upon — and consequently this appeal against the order rejecting that application — still survives for consideration.

Court's answer

In view of the submission made by learned counsel for the respondents (her submission placed on record and not disputed by the appellant's counsel) that the very communication issued dated 12.05.2020 would not be acted upon, and given the final verdict delivered in the Writ Appeal which goes in favour of the appellant/plaintiff, the said application would not now survive for consideration anymore.

Ratio / Principle

All contentions are kept open, to be decided in the original suit, if so required.

Detailed headnote1 paragraphs

MFA No. 4619 of 2020 (CPC) — Sri. Bandihal.M v. M/s. Unique Detective and Security Services Pvt. Ltd. & Anr. — Miscellaneous First Appeal under Order 43 Rule 1(r) of CPC against the order dated 09.10.2020 passed on I.A.No.1 in OS.No.2367/2020 on the file of the XXXVIII Additional City Civil and Judge, Bengaluru City CCH39, rejecting I.A.No.1 filed under Order 39 Rules 1 and 2 r/w Section 151 of CPC, by which the appellant/plaintiff sought that the notice/communication dated 12.05.2020 not be acted upon. Counsel for the respondents filed a memo of the judgment in Writ Appeal No.399/2019 (L-TER) — wherein M/s. Bosch Limited had appealed against the Labour ruling through Karnataka Rakshak and General Workers Union — which was dismissed, confirming the learned Single Judge's order upholding the Labour Court's finding that the appellant herein is an employee of M/s. Bosch Limited and not the respondents; respondents submitted the questioned communication would itself not be acted upon, and M/s. Bosch Limited's challenge to the Writ Appeal before the Hon'ble Apex Court carries no interim order. Holding that the application would not now survive for consideration, the Court disposed of the appeal, keeping all contentions open to be decided in the original suit, if so required.

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HC-KAR

NC: 2026:KHC:36456 MFA No. 4619 of 2020

CNR: KAHC010312852020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.4619 OF 2020 (CPC)

BETWEEN:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

SRI. BANDIHAL.M S/O. BAILAPPA, AGED ABOUT 58 YEARS, EMPLOYEE NO. 6453, WORKING AS HEAD GUARD, M/S. BOSCH LTD., (FORMERLY CALLED AS MICO) NAGANATHAPURA PLANT, ELECTRONIC CITY POST, BANGALORE-560 010. R/AT NO.401-1, 1^ST MAIN, 4^TH CROSS, CHANNAKESHAWA NAGAR, BANGALORE SOUTH, BENGALURU-560 100.

(BY SMT. MAITREYI KRISHNAN, ADV. AND SRI. CLIFTON D ROZARIO, ADV.)

…APPELLANT

AND:

M/S. UNIQUE DETECTIVE AND SECURITY SERVICES PVT. LTD., NO.81/A, 2^ND CROSS, GKW LAYOUT, VIJAYANAGAR,

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HC-KAR

NC: 2026:KHC:36456 MFA No. 4619 of 2020

CNR: KAHC010312852020

BENGALURU-560 040, REP. BY ITS MANAGING DIRECTOR.

THE GENERAL MANAGER (HUMAN RIGHTS AND ADMINISTRATION) M/S. UNIQUE DETECTIVE AND SECURITY SERVICES PVT. LTD., NO.81/A, 2^ND CROSS, GKW LAYOUT, VIJAYANAGAR, BENGALURU-560 040.

…RESPONDENTS

(BY SRI. PRASHANTH.B.K., ADV. AND MS. PRACHI SHETTY, ADV.)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 09.10.2020 PASSED ON I.A.NO.1 IN OS.NO.2367/2020 ON THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL AND JUDGE, BENGALURU CITY CCH39, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 R/W SECTION 151 OF CPC AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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HC-KAR

NC: 2026:KHC:36456 MFA No. 4619 of 2020

CNR: KAHC010312852020

ORAL JUDGMENT

Heard learned counsel for the appellant and learned counsel for the respondents.

Learned counsel for the respondents files a memo along with the judgment passed by this Hon'ble Court in Writ Appeal No.399/2019 (L-TER) whereby M/s. Bosch Limited had preferred an appeal against the Labour through Karnataka Rakshak and General Workers Union, represented by its President. Learned counsel for the appellant herein had in fact appeared on behalf of the respondent therein. The said Writ Appeal came to be dismissed confirming the order of the learned Single Judge, whereby the learned Single Judge had upheld the order of the Labour Court with regard to the appellant herein being the employee of M/s. Bosch Limited, who was the appellant in the Writ Appeal. Therefore, learned counsel for the respondents submits that the communication which is questioned in the original suit proceedings filed by the appellant herein also would not survive for consideration anymore as the Writ Appeal Court has given a verdict in favour of the Labour Union confirming the orders passed by the

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HC-KAR

NC: 2026:KHC:36456 MFA No. 4619 of 2020

CNR: KAHC010312852020

learned Single Judge with regard to the appellant herein being the employee of M/s. Bosch Limited and not the respondents herein.

Learned counsel for the respondents further contends that the communication which is questioned in the original suit proceedings itself would not be acted upon. Her submission is placed on record. Therefore, the impugned order that is questioned herein pertains to an application that was filed by the appellant/plaintiff to not act on the basis of notice issued dated 12.05.2020. In my humble opinion the said application would not now survive for consideration anymore in view of the submission made by the learned counsel for the respondents and that the very communication issued dated 12.05.2020 would not be acted upon as there is a final verdict delivered in the Writ Appeal which goes in favour of the appellant/plaintiff and though the said Company-M/s. Bosch Limited has challenged the Writ Appeal before the Hon'ble Apex Court, no interim order is granted.

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HC-KAR

NC: 2026:KHC:36456 MFA No. 4619 of 2020

CNR: KAHC010312852020

Placing the submission of learned counsel for the

respondents, which is not disputed by the learned counsel for the appellant, this appeal is disposed off .

All contentions are kept open, to be decided in the

original suit, if so required.

Sd/(PRADEEP SINGH YERUR) JUDGE

SMJ

List No.: 1 Sl No.: 20