Karnataka High Court
Sri Syed Waseem Ahmed vs M/S. Myriad Business on 3 June, 2021
Author: S R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
M.F.A NO.863 OF 2021 [CPC]
BETWEEN:
SRI. SYED WASEEM AHMED
S/O SYED MUSTHAQ AHMED,
AGED ABOUT 45 YEARS,
RESIDING AT NO.1/1,
BENSON CROSS ROAD,
BENSON TOWN, BANGALORE - 560046.
... APPELLANT
(BY SRI SREEVATHSA, SENIOR COUNSEL FOR
SRI IRFANA NAZEER ADV. FOR APPELLANT)
AND:
1. M/S MYRIAD BUSINESS
ADVISOR LLP,
REPRESENTED BY ITS PARTNER,
MALVIKA TOPRANI,
161/162, 3RD FLOOR, B WING,
KALPATHARU HORIZAN,
SK AHIRE MARG, WORLI,
MUMBAI, MAHARASTRA - 400 018.
2. M/S REEFS DRIVE INDIA PVT LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI SYED HUSSAIN,
9-4-77/A/169, AL HASNATH COLONY,
TOLICHOWKI, HYDERABAD,
TELAGANA - 500 008.
3. SRI. ASHWIN JAIN,
FATHERS NAME NOT KNOWN, MAJOR,
PARTNER OF M/S DRIVEN BY YOU MOBILITY LLP,
41/42, RESIDENCY PLAZA,
RESIDENCY ROAD,
NEXT TO GATEWAY HOTEL,
BANGALORE - 560 025.
2
4. SRI. KEDAR,
FATHERS NAME NOT KNOWN, MAJOR,
PARTNER OF M/S DRIVEN BY YOU MOBILITY LLP,
41/42, RESIDENCY PLAZA,
RESIDENCY ROAD,
NEXT TO GATEWAY HOTEL,
BANGALORE - 560 025.
...RESPONDENTS
(BY SRI K V NARASIMHAN ADV FOR
SRI B MANJUNATH ADV FOR C/R3 & R4
R1 & R2 NOTICE DISPENSED WITH)
***
THIS MFA FILED UNDER ORDER 43 RULE 1(r) R/W SECTION
104 OF CPC, AGAINST THE ORDER DATED 19.01.2021 PASSED IN
O.S.NO.4019/2020 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL
AND SESSIONS JDUGE, BENGALURU, DISMISSING THE I.A.NO.1
FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS MFA COMING ON FOR FURTHER HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the plaintiff in O.S.No.4019/2020 is
directed against the impugned order dated 19.01.2021 passed
on I.A.1 filed by the plaintiff on the file of XIX Addl.City Civil
and Sessions Judge, Bengaluru City (CCH-18) (for short 'the
trial Court), whereby the trial Court dismissed the said
application I.A.No.1 filed by the plaintiff, thereby vacating ad-
interim temporary injunction passed in favour of plaintiff by
imposing cost of Rs.500/-.
2. On 15.02.2021, this Court passed the following
interim order:-
"Two weeks time is granted for compliance of
office objections.
Learned counsel for caveator/respondent No.3
seeks time to file statement of objections. Re-list this
matter during the second week of March 2021.
In the meanwhile, respondents are restrained
from taking possession of the schedule property
detailed herein below:-
"A car bearing registration No.MH-
01-CQ-200, Model: 2019,
Manufacturer: Lamborgini, Model :
Huracan Coup RWD, Chassis No:
ZHWEC2ZF6KLA12052, Engine No:
DKB002365, Colour: Rosso Mars Red."
The appellant is permitted to use, operate and
enjoy the schedule property mentioned above without
any interference, hindrance, interruption and
impediment from the respondents or any one else till
the next date of hearing."
3. The aforesaid interim order continues to be in
force and is operative between the parties even as on today.
4. After hearing the learned Senior Counsel for
appellant and learned counsel for contesting respondent
Nos.3 and 4, I am of the considered view that without
expressing any opinion on the merits/demerits on the rival
contentions, the appeal deserves to be disposed of by setting
aside the impugned order passed by the trial Court, subject to
making an interim arrangements, which shall remain in force
during the pendency of the suit in O.S.No.4019/2020 before
the trial court.
5. In the result, I pass the following:-
ORDER
(i) Appeal is hereby disposed of.
(ii) The impugned order dated 19.01.2021 passed in
O.S.No.4019/2020 on the file of XIX Addl.City
Civil and Sessions Judge, Bengaluru is hereby
set aside.
(iii) The interim order dated 15.02.2021 passed by
this Court shall continue to remain in force during
the pendency of the suit in O.S.No.4019/2020,
subject to the following conditions:-
(a) Learned counsel for the appellant and
learned counsel for respondents 3 and
4 shall jointly inspect the suit car and
make a video graph of the said car in its
entirety covering the body of the car
both from outside and inside, also
showing the engine No, Chassis
number and also the condition of the
car, i.e., it is in running condition or not,
including the speedometer showing the
mileage/kilometer reading revealing
how much it has run as on the date of
inspection.
(b) The plaintiff/appellant shall not run the
suit car till the disposal of the suit by the
Trial Court and shall not take it outside
of the place where it has been parked
at the time of inspection.
(c) The plaintiff/appellant shall not in any
way tamper/meddle/remove any parts
of the suit car.
(d) The GPS functioning shall be restored
forthwith.
(e) The plaintiff/appellant shall not
encumber the suit car in any manner
(f) Any violation of the above condition,
shall forthwith disentitle
plaintiff/appellant to benefit of this order
and he shall be liable to deliver the suit
car to defendant no.3 and 4 forthwith
and any damage is caused to the suit
car, the same shall be quantified and
the plaintiff/appellant shall be liable to
pay the damages to the defendants
No.3 and 4.
(iv) Learned counsel Smt.Parvathi Nayak and
Sri.Mohammad Siddiqui on behalf of the appellant
will accompany Sri.B.Manjunath, learned counsel
for Caveator/respondent Nos.3 and 4 to Premises
No.1/1, Benson Cross Road, Benson Town,
Bangalore-560 046 on 06.06.2021 at 11.00 a.m.
to conduct inspection of the said car bearing
registration No.MH-01-CQ-200, Model: 2019,
Manufacturer: Lamborgini, Model : Huracan Coup
RWD, Chassis No: ZHWEC2ZF6KLA12052,
Engine No: DKB002365, Colour: Rosso Mars
Red, which is presently situated/located in the
said premises of the appellant.
(a) After completion of the said inspection
by learned counsel for the appellant
and learned counsel for
Caveator/respondent Nos.3 and 4, CD
and photographs of the said car and the
details of the car as enumerated in
condition No.(a) supra, shall be
furnished to this Court within a period of
one week from 06.06.2021 with an
appropriate memo.
(v) The trial Court is directed to dispose of the said
suit as expeditiously as possible and at any rate
on or before 31.08.2021 without being influenced
by the findings/observations recorded in the
impugned order.
(vi) All rival contentions between the parties are kept
open and no opinion is expressed on the same
and this order is passed without prejudice to the
rights and contentions of the parties.
Subject to the aforesaid directions, the appeal stands
disposed of.
Sd/-
JUDGE
RR
