Karnataka High Court
V R Exclusives Projects vs M/S Aditya Birla Insulators on 2 July, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
ON THE 2ND DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
W.P. No. 21988 OF 2012(GM-CPC)
BETWEEN:
V.R.EXCLUSIVES PROJECTS
A PARTNERSHIP FIRM, HAVING ITS
OFFICE AT NO.55, ROYAL GLOW
BUILDING, 4TH FLOOR, COLES ROAD,
ABOVE ICICI BANK, FRAZER TOWN,
BANGALORE 560 005, REPTD BY ITS
MANAGING PARTNER S. SAI KUMAR.
.... PETITIONER
(BY SRI.ARVIND KAMATH - ALMT LEGAL, ADVOCATES)
AND:
1. M/S. ADITYA BIRLA INSULATORS
(A UNIT OF ADITYA BIRLA NUVO LIMITED)
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, HAVING ITS REGISTERED
OFFICE AT INDIAN RAYON COMPOUND,
VERAVAL -362266, GUJARAT,
REPTD. BY ITS MANAGING DIRECTOR.
2. STATE BANK OF TRAVANCORE,
COX TOWN BRANCH, BANGALORE.
REPTD. BY ITS BRANCH MANAGER.
... RESPONDENTS.
(BY SHRI. RAJESH, ADVOCATE FOR R1,
SHRI. VIJAYKUMAR V., ADVOCATE FOR R2)
2
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE ORDER DATED 25.6.2012 PASSED BY THE
CITY CIVIL COURT, BANGALORE VIDE ANNEXURE -H ETC.
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner claims that he filed a suit for permanent injunction to restrain the 1st defendant from invoking the bank guarantee. By the impugned order, the Trial Court held that since copies of the suit were not furnished, the exparte injunction granted was vacated. Hence, the present petition.
2. On hearing counsels and after perusal of the impugned order, I am of the considered view that interference is called for. Presently, the copes of the suit as well as the summons and other documents have been furnished to both the defendants and they accept the same. Hence, now there is no dispute so far as the issuance of the notices are concerned. The order of vacating the exparte injunction would be highly injurious to the plaintiff at this stage.
3
3. Hence, the order dated 25.6.2012 passed by the City Civil Court, CCH-16, Bangalore, on I.A. No.III in O.S.No.3321/2012 is set aside. The exparte order of injunction granted in favour of the plaintiff is restored.
4. Counsel for the defendants submit that they will file their objections to I.A.No.2 within 3 days.
5. In view of the submissions made, the Trial Court to consider I.A.No.II after hearing the counsel and pass appropriate orders on merits by the end of 31st July 2012.
6. The petition is accordingly allowed.
Sd/-
JUDGE Msu