Karnataka High Court
Mta Services Llp vs M/S. Acumen Technical Advisory Private ... on 23 December, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
MISCELLANEOUS FIRST APPEAL NO.4653 OF 2020 (CPC)
BETWEEN:
MTA SERVICES LLP
INCORPORATED
UNDER THE LLP ACT, 2008,
HAVING ITS REGISTERED OFFICE
AT NO.15, NEW GANDHI NAGAR,
GHAZIABAD,
UTTAR PRADESH-201 001,
REPRESENTED BY
ITS PARTNER,
LAKSHMI SINGH. ...APPELLANT
(BY SRI RAKESH B BHATT, ADVOCATE)
AND:
1. M/S. ACUMEN TECHNICAL
ADVISORY PRIVATE LIMITED,
NO.1201, 2ND FLOOR,
DIVYA SHAKTI BUILDING,
100 FEET ROAD,
INDIRANAGAR,
HAL 2ND STAGE,
BENGALURU-560 038,
REPRESENTED BY ITS
CHAIRMAN AND CEO
MR. ALOK ANAND.
2. MR. MANISH KUMAR SINGH,
2
S/O. LATE MR. RAM KUMAR SINGH,
AGED ABOUT 40 YEARS,
NO.C-006, NCC MEADOWS,
DODDABALLAPUR ROAD,
YELAHANKA,
BENGALURU-560 064.
3. MR. VAIBHAV CHHABRA,
S/O. LATE MR. INDER PAL CHHABRA,
AGED ABOUT 34 YEARS,
G-805, TOWER G,
8TH FLOOR, VVIP ADDRESSES,
RAJ NAGAR EXTENSION,
NH 58, GHAZIABAD,
UTTAR PRADESH-201 017. ...RESPONDENTS
(BY SMT.MANEESHA KONGOVI, ADVOCATE FOR C/R1)
****
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF CPC, SET ASIDE THE ORDER DT:
29.09.2020, PASSED BY THE LII-ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU IN O.S.NO.4445/2020 ON IA
NOS.1, 2 AND 3.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING THROUGH VIDEO
CONFERENCE:
JUDGMENT
This appeal is filed by defendant No.3 challenging the ex-parte order dated 29.09.2020 passed by the trial Court granting ex-parte interim order against defendant No.3. 3
2. Learned counsel for the appellant defendant No.3 would contend that the defendant No.2 had challenged the order dated 29.09.2020 in O.S. No.4445/2020 passed by the trial Court in MFA No.4536/2020 (CPC). On hearing both the parties, this Court had directed the appellant defendant No.2 to file the written statement and application for vacating the interim injunction before the trial Court and the trial Court was requested to consider the application to be filed by the defendant No.2 and dispose of the said application by 10.11.2020.
3. In pursuance of the order passed in the Miscellaneous First Appeal the defendant Nos.1 and 2 have filed an application under Order XXXIX Rule 4 CPC for vacating the ex-parte interim order instead of requesting for hearing of IAs.1 to 3 on merits. The trial Court has passed an order on IAs.6 and 7 rejecting the IAs filed under Order XXXIX Rule 4 CPC filed by defendant Nos.1 4 and 2 due to non hearing of IAs 1 to 3, the defendant No.3 is put to inconvenience and great hardship.
4. Learned counsel for the caveator respondent who is the plaintiff before the trial Court submits that IA NOs.1 to 3 filed by the plaintiff are being heard before the trial Court. The present MFA is preferred against the ex- parte interim orders is not maintainable as observed in the case of M/s.Parijatha and another vs. Kamalaksha Nayak and Others reported in ILR 1981 KAR 1433.
5. In the instant case the main grievance of the appellant defendant N.3 is that due to the delay caused in hearing the IAs.1 to 3 and ex-parte interim orders passed by the trial Court, the defendant No.3 Company is unable to carry out its business as a result of which it is put to great hardship and injustice.
5
6. At this juncture both counsels have no objection to dispose of this matter by issuing a direction to the trial Court to dispose of IAs.1 to 3 at an early date.
7. Having regard to the submission and urgency pleaded by them the trial Court is requested to consider the applications namely IAs.1 to 3 filed by the plaintiff and dispose of the said applications at an early date, preferably within one month from the date of this order.
8. It is submitted that the original suit is posted on 02.01.2021. Both the counsels shall cooperate for hearing of the said IAs and for early disposal. No observations have been made by this Court regarding merits of the case.
9. With the above observation this appeal is disposed of.
Sd/-
JUDGE ykl