M/S. Globussoft Vs M/S. Tusker Workspace Private Limited

M/S. GLOBUSSOFT A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT: GLOBUSSOFT TOWER, HI-TEK HOSPITAL ROAD, SMIRITI NAGAR, BHILAI, NEAR BANK OF BARODA, DURG, CHHATTISGARH-490 020. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. SOURAV KUMAR PATRA …PETITIONER

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(BY SRI. MADHAV B. KASHYAP, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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M/S. TUSKER WORKSPACE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING REGISTERED OFFICE AT: NO.148, BBMP NO.170/148, 5^TH MAIN ROAD, SECTOR-6, HSR LAYOUT, BANGALORE-560 102, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SHESHAGIRI RAO PAPLIKAR.

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…RESPONDENT

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT

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2 - NC: 2026:KHC:9920 WP No. 13892 of 2025

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HC-KAR

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OR ANY PERSON CLAIMING THROUGH THEM TO PERMIT THE PETITIONER TO REMOVE ITS PROPERTIES/ ARTICLE(S) FROM THE SCHEDULE PROPERTY IN ACCORDANCE WITH THE MEMBERSHIP AGREEMENT DATED 04.11.2022, ANNEXURE-B AND RESTRAIN THE RESPONDENT FROM INTERFERING WITH THE PETITIONER REMOVING ITS PROPERTIES/ARTICLE(S) FROM THE SCHEDULE PROPERTY, AND CONSEQUENTLY ALLOW IA NO.1/2025 AS PER ORDER DATED 21.04.2025 IN O.S. NO.622-2025 PENDING ON THE FILE OF LEARNED VII ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-19) (PRODUCED VIDE ANNEXURE-F).

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition petitioner seeks the following reliefs:

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“a) Direct the Respondent or any person claiming through them to permit the Petitioner to remove its properties/article(s) from the Schedule Property in accordance with the Membership Agreement dated 04.11.2022, Annexure-B and restrain the Respondent from interfering with the Petitioner removing its properties/article(s) from the Schedule Property, and consequently allow IA No. 1/2025 as per order dated 21.04.2025 in O.S. No. 622/2025 pending on the file of Learned VII Addl. City Civil

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3 -

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NC: 2026:KHC:9920 WP No. 13892 of 2025

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HC-KAR

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Judge, Bengaluru (CCH-19) (produced vide Annexure 'F), in the interest of justice & equity; and

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b) Pass such other order(s) that this Hon'ble Court may deem fit in the interest of justice & equity.”

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After arguing the matter for sometime, learned counsel

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for the petitioner submits that while the application IA No.1 for temporary injunction filed by the petitioner is pending before the trial Court, IA No.2 filed by the respondent/defendant under Order VII Rule 11 of CPC for rejection of the plaint is also pending before the trial Court in the suit which stands posted on 28.02.2026. It is submitted that the present petition may be disposed of directing the trial Court to dispose of both IA Nos.1 and 2 within a stipulated time frame.

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