Karnataka High Court
Mr. Manishkumar Singh vs M/S Acumen Technical Advisory ... on 5 January, 2021
Author: Nataraj Rangaswamy
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY
MISCELLANEOUS FIRST APPEAL NO.4890 OF 2020
C/W
MISCELLANEOUS FIRST APPEAL NO.5086 OF 2020
IN MFA NO.4890/2020
BETWEEN:
MR. MANISHKUMAR SINGH
S/O LATE MR. RAM KUMAR SINGH
AGED ABOUT 40 YEARS
NO. C-006 NCC MEADOWS,
DODDABALLAPUR ROAD
YELAHANKA
BENGALURU-560 064.
.... APPELLANT
(BY SRI. ASHOK G.V. & SRI. K.M. SAI APABHARANA,
ADVOCATES)
AND:
1. M/S ACUMEN TECHNICAL ADVISORY
PRIVATE LIMITED
REGISTERED UNDER COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE
AT NO.1201, 2ND FLOOR,
DIVYA SHAKTI BUILDING
100FT ROAD
INDIRANAGAR HAL 2ND STAGE
BENGALURU-560 038.
REPRESENTED BY ITS CHAIRMAN AND CEO
MR.ALOK ANAND
2
2. 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 N.H.58
GHAZIABAD
UTTAR PRADESH-201 017.
3. MTA SERVICES LLP
INCORPORATED UNDER LIMITED LIABILITY
PARTNERSHIP ACT 2008,
HAVING ITS REGISTERED OFFICE AT NO.15
NEW GANDHINAGAR GHAZIABAD
UTTAR PRADESH-201 001.
... RESPONDENTS
(BY MS. MANEESHA KONGOVI, ADVOCATE FOR C/R1).
THIS MFA IS FILED UNDER 43 RULE 1(r) OF CPC,
SET ASIDE THE IMPUGNED ORDER DT. 29.09.2020,
PASSED ON IA NOS.1 TO 3 PASSED ON IA NOS.1 TO 3
IN O.S.NO.4445/2020, ON THE FILE OF THE LII,
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN MFA NO. 5086/2020
BETWEEN
MR. MANISH KUMAR SINGH
S/O LATE MR. RAM KUMAR SINGH,
AGED ABOUT 40 YEARS,
NO C-006, NCC,MEADOWS,
DODDABALLAPURA ROAD,
YELAHANKA,
BENGALURU-560 064.
...APPELLANT
(BY SRI. ASHOK.G.V., ADVOCATE)
3
AND
1. M/S ACUMEN TECHNICAL ADVISORY PRIVATE
LIMITED COMPANY REGISTERED UNDER
COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE
AT NO.1201, 2ND FLOOR,
DIVYA SHAKTI BUILDING,
100 FT ROAD, INDIRANAGAR,
HAL 2ND STAGE,
BENGALURU-560 038.
REPRESENTED BY ITS CHAIRMAN,
AND CEO MR. ALOK ANAND
2. MR. VAIBHAV CHHABRA
S/O LATE MR. INDER PAL CHABRA,
AGED ABOUT 34 YEARS,
G-805,TOWER-G,
8TH FLOOR,VVIP ADDRESSES,
RAJ NAGAR EXTENSION,
N.H.58,GHAZIABAD,
UTTAR PRADESH-201 017.
3. MTA SERVICES LLP
INCORPORATED UNDER LIMITED,
LIABILITY PARTNERSHIP ACT 2008 HAVING ITS
REGISTERED OFFICE AT NO.15,
NEW GANDHINAGAR,
GHAZIABAD,
UTTAR PRADESH-201 001.
...RESPONDENTS
(BY MS. MANEESHA KONGOVI, ADVOCATE FOR C/R1)
THIS MFA FILED U/O. 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 10.11.2020 PASSED ON
IA.NO. 6 AND 7 IN O.S. NO. 4445/2020 ON THE FILE OF
4
THE I/C LII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CITY (CCH.NO.53), DISMISSING
THE IA.NOs. 6 AND 7 FILED UNDER ORDER XXXIX RULE
4 READ WITH SECTION 151 OF CPC.
THESE APPEALS COMING ON FOR DICTATING
JUDGMENT THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
After hearing the appeals for sometime, the
learned counsel for the appellant and respondents
submitted that in a connected appeal in MFA
No.4653/2020, filed by defendant No.3 in the suit,
this Court had directed the Trial Court to consider I.A
Nos.1/2020, 2/2020 & 3/2020 on their merits and
pass appropriate orders. The learned counsel for the
parties submitted in unison that the Trial Court has
heard the arguments on these applications and may
soon pass suitable orders thereon. Since in these
appeals, what is challenged is the order of the Trial
Court granting an ad-interim order of ex-parte
temporary injunction, ends of justice would be met by
directing the Trial Court to permit the appellants in
these appeals to urge all the contentions including
those raised by the appellant in the application for
vacating stay and dispose off the applications in
I.A.Nos.1/2020, 2/2020 & 3/2020 as directed by this
Court in MFA No.4653/2020. It is needless to state
that the Trial Court shall permit the appellants herein
to urge all contentions including those raised in the
application for vacating stay.
2. However, subject to the observations
made above, consequently these appeals are
disposed off. All contentions of the parties are kept
open including the contentions urged in the
application for vacating stay.
Sd/-
JUDGE
RKA
