Karnataka High Court
M/S. Tata Hitachi Construction ... vs Topsgrup Services Ltd on 19 March, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2025:KHC:11541
WP No. 35304 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 35304 OF 2019 (GM-CPC)
BETWEEN:
M/s. TATA HITACHI CONSTRUCTION
MACHINERY COMPANY PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT JUBILEE BUILDING
45, MUSEUM ROAD, BENGALURU - 560 025
AND REPRESENTED HEREIN BY ITS
COMPANY SECRETARY
AND DULY CONSTITUTED ATTORNEY
MR. A. AZHAGESAN
S/O LATE MR.P. AYYAMPERUMAL
AGED ABOUT 55 YEARS.
...PETITIONER
(BY SRI. RICOB CHAND AND
SRI. GOVINDA J.L., ADVOCATES)
Digitally signed AND:
by ROOPA R U
Location: HIGH
COURT OF
KARNATAKA 1. TOPSGRUP SERVICES LTD.,
(FORMERLY KNOWN AS TOPS SECURITY LTD.)
NO.5, ROYAL PALMS GOL & COUNTRY CLUB,
AAREY MILK COLONY
GOREGAON (E), MUMBAI - 400 065.
2. MR. DIWAN RAHUL NANDA
FATHER'S NAME AND AGE NOT KNOWN,
GROUP CHAIRMAN & FOUNDER
TOPSGRUP SERVICES LTD.,
NO.5, ROYAL PALMS GOLF & COUNTRY CLUB
AAREY MILK COLONY,
GOREGAON (E), MUMBAI 400 065.
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NC: 2025:KHC:11541
WP No. 35304 of 2019
3. MR. RAMESH IYER
FATHER'S NAME AND AGE NOT KNOWN
VICE CHAIRMAN,
TOPSGRUP SERVICES LTD.,
NO.5, ROYAL PALMS GOLF & COUNTRY CLUB,
AAREY MILK COLONY,
GOREGAON (E), MUMBAI - 400 065.
4. MS. RASSHI NANDA
FATHER'S NAME AND AGE NOT KNOWN
SR. VICE PRESIDENT,
TOPSGRUP SERVICES LTD.,
NO.5, ROYAL PALMS GOLF & COUNTRY CLUB,
AAREY MILK COLONY,
GOREGAON (E), MUMBAI - 400 065.
...RESPONDENTS
(BY SRI. DHANUSH AND MANJUNATHA B., ADVOCATES FOR R1
TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-
A ORDER DATED 06TH AUGUST 2019 PASSED BY THE COURT
OF XXIX ADDL CITY CIVIL JUDGE, BENGALURU CITY (CCH-30)
IN ISSUING EMERGENT NOTICE AND REFUSING TO GRANT AD-
INTERIM ORDER OF INJUNCTION IN I.A.NOS.1 & 2 IN
O.S.NO.5749/2019.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Sri.Ricob Chand and Sri.Govinda J.L., learned counsel files memo of appearance on behalf of the petitioner and undertakes to file vakalath within a week's time. -3-
NC: 2025:KHC:11541 WP No. 35304 of 2019 Permission granted.
2. Petitioner, who is a plaintiff in O.S.No.5749/2019 pending consideration on the file of XXIX ACCJ, Bengaluru, is before this Court being aggrieved by the order dated 06.08.2019 by which the trial Court while declining to grant ad interim order of injunction had issued emergent notice.
3. Learned counsel for the petitioner seeks leave of the Court to withdraw the petition to pursue the application pending in the aforesaid suit.
4. Submission is taken on record. Petition is dismissed as withdrawn with liberty to pursue the application pending consideration before the trial Court in O.S.No.5749/2019.
SD/-
(M.G.S. KAMAL) JUDGE SBN