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Karnataka High Court

M/S. Divyarama Talkies Private Limited vs Idea Baaz Tech Private Limited on 18 December, 2025

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                              -1-
                                                         NC: 2025:KHC:54569
                                                       WP No. 38463 of 2025


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 18TH DAY OF DECEMBER, 2025
                                            BEFORE
                        THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                          WRIT PETITION NO.38463 OF 2025 (GM-CPC)
                   BETWEEN:

                       M/S. DIVYARAMA TALKIES PRIVATE LIMITED
                       REP. BY ITS DIRECTOR
                       OFFICE AT NO.240, SRI VENKATESHWARA COMPLEX,
                       SRI P K RAMACHANDRA GOWDA
                       SACHIDANANDA NAGAR BEML LAYOUT
                       5TH STAGE, RAJARAJESHWARI NAGAR
                       BANGALORE, KARNATAKA
                       INDIA- 560 098.
                                                              ...PETITIONER
                   (BY SRI.ABHINAY Y.T., ADVOCATE FOR SRI. KARTHIK
                   V.,ADVOCATE)
                   AND:

                   1.    IDEA BAAZ TECH PRIVATE LIMITED
                         UNIT NO.505, MORYA, LANDMARK II,
                         NEW LINK ROAD, MUMBAI,
                         ANDHERI (WEST),
Digitally signed
                         MAHARASHTRA 400053,
by                       REPRESENTED BY ITS DIRECTORS.
GAVRIBIDANUR
SUBRAMANYA               SAGOON BHARGAV WAGH,
GUPTA
SREENATH                 DIRECTOR, IDEA BAAZ TECH PRIVATE LIMITED
Location: HIGH           UNIT NO.505, MORYA
COURT OF
KARNATAKA                LANDMARK II, NEW LINK ROAD
                         MUMBAI, ANDHERI (WEST)
                         MAHARASHTRA 400 053


                   2.    SAGOON BHARGAV WAGH,
                         DIRECTOR, IDEA BAAZ TECH PRIVATE LIMITED
                         UNIT NO.505, MORYA
                         LANDMARK II, NEW LINK ROAD
                           -2-
                                       NC: 2025:KHC:54569
                                   WP No. 38463 of 2025


HC-KAR



     MUMBAI, ANDHERI (WEST)
     MAHARASHTRA 400 053

3.   JEET SAGOON WAGH,
     DIRECTOR,
     IDEA BAAZ TECH PRIVATE LIMITED
     UNIT NO.505, MORYA, LANDMARK II
     NEW LINK ROAD, MUMBAI
     ANDHERI (WEST)]
     MAHARASHTRA 400 053

4.   YAJNESHA SHETTY,
     DIRECTOR
     IDEA BAAZ TECH PRIVATE LIMITED
     UNIT NO.505, MORYA, LANDMARK II
     NEW LINK ROAD, MUMBAI
     ANDHERI (WEST)
     MAHARASHTRA 400 053
5.   M/S.KUBERIAN ENTERTAINMENT PVT. LTD.,
     OFFICE-UNIT 505, MORYA LANDMARK II
     NEW LINK ROAD, OPP. INFINITY MALL
     ANDHERI (WEST), MUMBAI
     MAHARASHTRA INDIA-400 005
     BY ITS DIRECTORS.
6.   M/S. KUBERANS HOUSE STARTUP
     EDUCATION PRIVATE LIMITED
     HOUSE NO.F-5/S-5, FONTSABHAT MERCES
     SANTA CRUZ, NORTH GOA
     TISWADI, GOA
     INDIA 403 005
     REP. BY ITS DIRECTORS.

7.   ZEE ENTERTAINMENT ENTERPRISES LTD.
     OFFICE AT ITS PARENT COMPANY
     ZEE ENTERTAINMENT ENTERPRISES LTD.
     OFFICE UNIT 18TH FLOOR, A-WING
     MARATHON FUTUREX, N M JOSHI MARG
     LOWER, BDD CHAWL
     LOWER PAREL, MUMBAI
     MAHARASHTRA 400 013.
                           -3-
                                      NC: 2025:KHC:54569
                                    WP No. 38463 of 2025


HC-KAR



8.   ZEE TV HINDI,
     OFFICE AT ITS PARENT COMPANY
     ZEE ENTERTAINMENT ENTERPRISES LTD.,
     OFFICE-UNIT 18TH FLOOR, A-WING
     MARATHON FUTUREX
     NM JOSHI MARG, LOWER,
     BDD CHAWL, LOWER PAREL
     MUMBAI, MAHARASHTRA 400 013
     REP. BY ITS CEO.

9.   ZEE 5 PLATFORM,
     OFFICE AT ITS PARENT COMPANY
     ZEE ENTERTAINMENT ENTERPRISES LTD.
     OFFICE-UNIT 18TH FLOOR, A-WING
     MARATHON FUTUREX, NM JOSHI MARG
     LOWER, BDD CHAWL
     LOWER PAREL, MUMBAI
     MAHARASHTRA 400 013
     REP. BY ITS CEO.
10. WIZ CRAFT INTERNATIONAL
    BENGALURU BRANCH,
    2147, 17TH MAIN ROAD
    2ND CROSS ROAD, HAL 2ND STAGE
    INDIRANAGAR
    BENGALURU 560 008, INDIA
    REP. BY ITS CEO.

11. HOUSE OF CHEER NETWORKS PVT. LTD., (INDIA),
    HOUSE OF CHEER NETWORKS ADAPT
    KC MARG, BANDRA WEST
    MUMBAI 400 050
    REP. BY ITS DIRECTOR/CEO.

12. YOUR STORY MEDIA,
    OFFICE AT 2ND MAIN, INDIRANAGAR
    BINNAMANGALA, STAGE 1, 259
    6TH CROSS ROAD, 1ST STAGE
    INDIRANAGAR
    BENGALURU, KARNATAKA 560 038
    BY ITS DIRECTOR/CEO.
                                 -4-
                                              NC: 2025:KHC:54569
                                           WP No. 38463 of 2025


 HC-KAR



13. IITM GLOBAL,
    OFFICE AT 2ND FLOOR
    SUDHA AND SHANKAR INNOVATION HUB
    INDIAN INSTITUTE OF TECHNOLOGY
    MADRAS, CHENNAI 600 036
    REP. BY ITS DIRECTOR/CEO.

14. TURBOSTART GLOBAL EVENTS,
    REGISTERED ADDRESS 101, HAUDIN HOUSE NO.5,
    HAUDIN ROAD NA
    BENGALURU 560 042,
    REP.BY ITS DIRECTOR/CEO.
                                     ... RESPONDENTS

     THIS WP IS FILED UNDER ARTICLE PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION
QUASHING THE ORDER DATED 16.12.2025 IN O S
NO.8249/2025 ON THE FILE OF XVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-E,

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR


                           ORAL ORDER

Heard learned counsel for the petitioner.

2. Parties are referred to as per their ranking before the trial Court.

3. The petitioner/plaintiff filed the suit for Permanent Injunction against the respondents/defendants in O.S. No.8249/2025. Alongwith the suit, the plaintiff filed I.A. No.1 -5- NC: 2025:KHC:54569 WP No. 38463 of 2025 HC-KAR under Order XXXIX Rules 1 & 2 of CPC for an ad-interim order of Temporary Injunction. The petitioner/plaintiff being aggrieved by non-passing of order on I.A. No.1 is before this Court in the present petition.

4. Though the present petition is filed praying to set aside the impugned order dated 16.12.2025, during the course of arguments, learned counsel for petitioner has filed a memo restricting his prayer for a direction to the trial Judge to consider and dispose of the application filed under Order XXXIX Rules 1 & 2 of CPC. The memo is accepted.

5. This Court does not find any need or necessity to issue notice to the respondents/defendants as this Court is not inclined to pass any adverse order against the respondents/defendants.

6. On perusal of the order sheet maintained by the trial Court, it is seen that the learned trial Judge ordered notice to the caveator and all the defendants vide order dated 24.11.2025. A memo is filed on 29.11.2025 by the plaintiff stating about service of plaint copy and I.A. to the caveator. -6-

NC: 2025:KHC:54569 WP No. 38463 of 2025 HC-KAR The defendant Nos.1 to 3 entered appearance through the learned counsel on 2.12.2025 and filed objections to I.A. No.1. The matter was heard for some time and Court felt the need to refer the matter for settlement. Accordingly, the matter was adjourned to 8.12.2025 for reporting settlement.

7. When the matter came up before the Lok Adalat on 8.12.2025, the plaintiff and his counsel as well as learned counsel for defendant Nos.1 to 3 were present and defendant Nos.2 and 3 were absent. The petitioner/plaintiff was directed to serve copy to the defendants and the matter was referred back to the Court.

8. When the matter came up before the Court on 16.12.2025, plaintiff and his counsel as well as learned counsel for defendant Nos.1 to 3 are present and a memo was filed by plaintiff stating that he served copies through mail. At that stage, learned trial Judge again issued summons to the defendants though defendants were already served and filed objections to I.A. -7- NC: 2025:KHC:54569 WP No. 38463 of 2025 HC-KAR

9. Under the circumstances, the trial Court ought to have considered I.A. No.1 filed under Order XXXIX Rules 1 & 2 of CPC and proceeded to pass orders by hearing the plaintiff as well as the defendants or in the absence of the defendants by hearing the plaintiff and objections to I.A. No.1 filed by the defendants and pass suitable orders, in view of the urgency expressed by the plaintiff, which has not been done in the present case. Therefore, I deem it appropriate to show indulgence in the matter.

10. Accordingly, I pass the following:

ORDER
i) The matter is remitted to the trial Court to consider I.A. No.1 filed under Order XXXIX Rules 1 & 2 of CPC in O.S. No.8249/2025 and pass suitable orders in accordance with law within a period of 15 days from the date of receipt of copy of the order.
ii) The petition is accordingly disposed of.

Sd/-

(PRADEEP SINGH YERUR) JUDGE GSS List No.: 2 Sl No.: 3