M/S Confident Projects India Pvt. Ltd. Vs M/S Modern… — Company and Corporate | Karnataka HC (2026)

M/S Confident Projects India Pvt. Ltd. Vs M/S Modern… — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief granted; the petition was disposed of with observations requesting the Commercial Court to consider the cheque-expiry aspect and pass appropriate orders (including possibly extending the validity of the cheque/s till disposal), and permission to counsel to inform the order to the concerned Commercial Court.

Issue for consideration

Maintainability of the writ petition challenging the ex parte ad-interim order of injunction passed by the Commercial Court on I.A.No.1 in Com.A.A.No.41/2026. +1 more

Court's answer

The present appeal/writ petition is not maintainable against an ad-interim ex-parte order of injunction, since it would always be available for the petitioners to file their objections and address their arguments before the court below.

Ratio / Principle

In view of the apprehension that the security cheque(s) would expire (one on 30.06.2026) and turn stale if the interim order continued, the Commercial Court was requested to consider the aspect and pass appropriate orders either after hearing the parties on the application or by directing extension of the validity of the cheque/s till the matter is disposed of; counsel was permitted to inform the order to the concerned Commercial Court.

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution by M/s Confident Projects India Pvt Ltd and M/s DJ Projects Pvt Ltd (Sr. Adv. K. Shashikiran Shetty with Adv. A. Mahesh Chowdhary) seeking certiorari against the ex parte ad-interim order dated 06.06.2026 passed on I.A.No.1 in Com.A.A.No.41/2026 by the XI Additional District Judge, Bengaluru Rural District (Commercial Court), which restrained the parties from acting upon the agreements and security cheques held under the Memorandum of Understanding dated 25.02.2025 (described as the Fourth Memorandum of Understanding), and further seeking quashing of the proceedings as misconceived for impermissibly combining the MoU dated 25.02.2025 and the Full and Final Settlement dated 01.07.2025. Held: an ad-interim ex-parte order of injunction is not a fit subject for writ challenge, since the petitioners can always file objections and argue before the court below; the petition is not maintainable. Noting the apprehension that a security cheque expiring 30.06.2026 would turn stale if the interim order continued, the Commercial Court was requested to pass appropriate orders either after hearing the parties or by directing extension of the validity of the cheque/s till disposal. Petition disposed. Notice to respondents dispensed with. (Suraj Govindaraj, J., 23.06.2026)

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NC: 2026:KHC:31096 WP No. 18500 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 18500 OF 2026 (GM-RES)

BETWEEN:

M/S CONFIDENT PROJECTS INDIA PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF

THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.6, GROUND FLOOR, LANGFORD TOWN, HOSUR MAIN ROAD, BENGALURU - 560 025, REPRESENTED BY ITS AUTHORISED SIGNATORY, MS. ZEENAT PARVEEN

M/S. DJ PROJECTS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.6, FIRST FLOOR, LANGFORD TOWN, HOSUR MAIN ROAD, BENGALURU 560 025, REPRESENTED BY ITS AUTHORISED SIGNATORY, MS. ZEENAT PARVEEN

…PETITIONERS

(BY SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. A. MAHESH CHOWDHARY, ADVOCATE)

AND:

M/S MODERN SPACES A REGISTERED PARTNERSHIP FIRM,

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HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

M/S. M.S. WALKTOWN RESIDENCES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

M/S. URBAN RAYS LLP, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

M/S. MODERN SPAACES VENTURES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

M/S. M.S. VILLAGE VOICES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.93/1, YAMARE VILLAGE,

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KADAGRAHARA MAIN ROAD, DOMMASANDRA POST, BENGALURU 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

M/S. M.S. URBAN OASIS, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.93/1, YAMARE VILLAGE, KADAGRAHARA MAIN ROAD, DOMMASANDRA POST, BENGALURU 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH P

SHRI. SHRAVANTH P., S/O LATE PILLA REDDY, AGED ABOUT 39 YEARS, RESIDING AT VILLA NO.C3, NVT ORCHID GARDEN, BEHIND ISME COLLEGE, CHAMBENAHALLI, DOMMASANDRA, BENGALURU 562 125.

SRI. NOVIN, S/O LATE PILLA REDDY, AGED ABOUT 38 YEARS, RESIDING AT VILLA NO.C3, NVT ORCHID GARDEN, BEHIND ISME COLLEGE, CHAMBENAHALLI, DOMMASANDRA, BENGALURU 562 125.

…RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH V/O DATED 23.06.2026)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EX PARTE AD INTERIM ORDER DATED 06.06.2026 PASSED ON I.A. NO.1 IN COM. A.A. NO.41/2026 BY THE LEARNED XI ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEXURE-A AND ETC.

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NC: 2026:KHC:31096 WP No. 18500 of 2026

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Notice to respondents is dispensed with in view of

the proposed order to be passed.

Petitioners are before this Court seeking for the following reliefs:

a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the ex parte ad interim order dated 06.06.2026 passed on I.A.No.1 in Com.A.A.No.41/2026 by the learned XI Additional District Judge, Bengaluru Rural District, Bengaluru vide Annexure-A;

b. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the proceedings in Com.A.A.No.41/2026 pending before the learned XI Additional District Judge, Bengaluru Rural District, Bengaluru vide Annexure-M, as being misconceived, not maintainable, and founded on an impermissible composite invocation of distinct and separate contractual arrangements, namely the Memorandum of Understanding dated 25.02.2025 and the Full and Final Settlement dated 01.07.2025;

c. In the alternative, direct the learned XI Additional District Judge, Bengaluru Rural District, Bengaluru, to dispose of I.A.No.1, Annexure-C, and/or any application for vacation/modification of the ex-parte order in Com.A.A.No.41/2026 within a fixed time period as may be determined by this Hon'ble Court;

d. In the further alternative, direct the Respondents to deposit the cheque amount or furnish bank guarantee/security to the satisfaction of this Hon'ble Court as a condition for continuation of any interim protection granted in Com.A.A.No.41/2026;

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e. Grant such other or further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.

What is challenged is only an ad-interim ex-parte order restraining the respondents and the petitioners herein, their servants, agents, assigns, nominees, attorneys or any person acting on their behalf or under their instruction, from taking any steps to enforce, realize, act upon, sell, transfer, alienate, assign, create, perfect or otherwise deal with the agreements and security cheques holding by virtue of Fourth Memorandum of Understanding dated 25.02.2025 till the next date of hearing.

This being an ad-interim ex-parte order of injunction, it would be always available for the petitioners to file their objections and address their arguments in the matter. The present appeal is not maintainable.

The apprehension, however, expressed by Sri.K.Shashikiran Shetty, learned Senior Counsel appearing for the petitioners is that the cheques,

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HC-KAR

which are subject matter of the security, would expire, one of them expiring on 30.06.2026, if the interim order were to continue, the said cheque would turn stale upon expiry by that date and thereafter, the said cheque cannot be acted upon.

In that view of the matter, the Commercial Court is requested to consider the above aspect and pass appropriate orders either after hearing the parties on the application or directing the extending of the validity of the cheque/s till the matter is disposed off.

The learned counsel for the petitioners is permitted to inform the above order to the concerned Commercial Court.

With these above observations, the petition stands

disposed off.

Sd/(SURAJ GOVINDARAJ) JUDGE

NBM

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