Karnataka High Court
Atria Brindavan Power Private Ltd vs Piramal Capital And Housing Finance Ltd on 24 July, 2025
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NC: 2025:KHC:28219-DB
WP No. 1400 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 1400 OF 2025 (GM-CPC)
BETWEEN:
1. ATRIA BRINDAVAN POWER PRIVATE LTD.,
A COMPANY INCORPORATED UNDER
THE INDIAN COMPANIES ACT, 1956,
NO. 11, 1ST FLOOR, COMMISSARIAT ROAD,
BANGALORE-560 025.
REP. BY ITS AUTHORISED REPRESENTATIVE
MR. CHINNASWAMY SUNDER RAJU.
2. MR. CHINNASWAMY SUNDER RAJU,
S/O LATE SRI A.S CHINNASWAMY RAJU,
AGED ABOUT 66 YEARS,
R/AT NO. 294, UPPER PALACE,
Digitally signed ORCHARDS, BANGALORE-560 080.
by NANDINI R
Location: HIGH
COURT OF 3. MR. K NAGARAJU,
KARNATAKA S/O LATE SRI KUPPARAJU,
AGED ABOUT 64 YEARS,
R/AT NO.158, 2ND MAIN,
1ST BLOCK DOLLARS COLONY,
RMV 2ND STAGE ASHWATH NAGAR,
BANGALORE-560 094.
4. RAJU FAMILY TRUST,
A TRUST REGISTERED UNDER
THE INDIAN TRUSTS ACT
HAVING ITS OFFICE AT:
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NC: 2025:KHC:28219-DB
WP No. 1400 of 2025
HC-KAR
NO. 1, PALACE ROAD, BANGALORE-560 001.
REP. BY ITS TRUSTEE
MR.CHINNASWAMY SUNDER RAJU.
...PETITIONERS
(BY SRI YASHODHAR HEGDE, ADVOCATE FOR
SRI AJAY J N, ADVOCATE)
AND:
1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD.,
A COMPANY INCORPORATED UNDER
THE INDIAN COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT:
NO. 601, 6TH FLOOR, AMITI BUILDING,
AGASTYA CORPORATE PARK,
KAMANI JUNCTION, KURLA WEST,
MUMBAI-400 070.
REP. BY ITS AUTHORISED REPRESENTATIVE.
2. BABOON INVESTMENTS HOLDING B.V,
A PRIVATE LIMITED COMPANY,
INCORPORATED IN NETHERLANDS,
HAVING ITS REGISTERED OFFICE AT:
OUDE LINDESTAT 70, HEERLEN 6411,
EJ NETHERLANDS.
REP. BY ITS AUTHORISED REPRESENTATIVE.
3. OMKARA ASSET RECONSTRUCTION PVT. LTD,
A COMPANY INCORPORATED UNDER
THE INDIAN COMPANIES ACT, 1956,
ACTING AS TRUSTEE OF
OMKARA PS28/2023-24 TRUST,
HAVING ITS REGISTERED OFFICE AT:
C-515, KANAKIA ZILLION,
JUNCTION OF LBS ROAD AND,
CST ROAD KURLA WEST MUMBAI-400 070.
REP. BY ITS AUTHORISED REPRESENTATIVE.
4. AXIS TRUSTEE SERVICES LTD.,
A FINANCIAL INSTITUTION,
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NC: 2025:KHC:28219-DB
WP No. 1400 of 2025
HC-KAR
HAVING ITS REGISTERED OFFICE AT:
AXIS HOUSE BOMBAY DYING MILLS COMPOUND,
PANDURANG BUDHKAR MARG,
WORLI MUMBAI-400 025.
...RESPONDENTS
(BY MS. TAMARRA MAIRI, ADVOCATE FOR R-1;
SRI V SRINIVARAN RAGHAVAN, SENIOR ADVOCATE FOR
SRI VINAY KUTTAPPA, ADVOCATE FOR R-3;
SRI SURYANARAYANA T, SENIOR ADVOCAE FOR
SRI SHARAN B TADAHAL, ADVOCATE FOR C/R-4)
THIS W.P. IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING a) TO QUASH/SET ASIDE
THE IMPUGNED ORDER DATED 18.01.2025 (AT ANNEXURE-A)
PASSED IN IA NOS. 11 TO 13 FILED IN COM. O.S./298/2024
BY THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, COMMERICAL COURT, BENGALURU ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The learned counsel appearing to the respondents submits that the present writ petition has become infructuous inasmuch as subsequent to the impugned ad-interim order, the interim application has been decided -4- NC: 2025:KHC:28219-DB WP No. 1400 of 2025 HC-KAR and the petitioners have preferred appeal against the said order.
2. In view of the above, the petition is dismissed as infructuous.
It is needless to state that all rights and contentions the parties are reserved.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE NR/-
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