M/S Prg Consultants vs M/S Msr Hotels Pvt. Ltd
2022 Latest Caselaw 3598 Kant

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     IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 3RD DAY OF MARCH, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

       WRIT PETITION No.15442 OF 2019 (GM-CPC)
BETWEEN:

M/S PRG CONSULTANTS
NEW NO.17, OLD NO.8
1ST FLOOR, 1ST CROSS STREET
LAKE AREA, NENGAMBAKKAM
CHENNAI-600 034
REPRESENTED BY ITS MANAGING PARTNER
MR K.RAJAGOPALAN
                                            ...PETITIONER
(BY SRI SURAJ S., ADVOCATE)

AND:

1.      M/S MSR HOTELS PVT. LTD.,
        NO.380, 6TH CORSS
        2ND BLOCK, RMV 2ND STAGE
        BANGALORE-560 094
        REPRESENTED BY ITS MANAGING DIRECTOR

2.      MR KODANDARAM
        MANAGING DIRECTOR
        M/S MSR HOTELS PVT.LTD.
        NO.380, 6TH CROSS
        2ND BLOCK, RMV 2ND STAGE
        BANGALORE-560 094
                                         ...RESPONDENTS

(BY SRI SUKUMARAN S., ADVOCATE)

     THIS W.P. IS    FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE
IMPUGNED ORDER DATED 27.02.2019 ANNEXURE-A PASSED BY
THE HON'BLE XLIV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE (CCH-45) IN O.S.NO.1503/2012 ON I.A. IV AND ETC.

    THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
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                           ORDER

This petition by the plaintiff is directed against the

impugned order dated 27.02.2019 passed on I.A.4 in

O.S.No.1503/2012 by the learned XLIV Addl. City Civil and

Sessions Judge, Bengaluru, whereby the application I.A.4

filed by the plaintiff under Order 38 Rule 5 of CPC for an

order of attachment before the judgment against the

respondent - defendant was rejected by the trial court.

2. Heard the learned counsel for petitioner and

learned counsel for the respondent and perused the

material on record.

3. Though several contentions have been urged by

both sides in support of their respective claims in the

present petition as well as in the suit before the trial court,

the order sheet maintained by this Court in the present

petition discloses that on 18.07.2019, this Court directed

the respondent - defendant not to alienate or encumber the

properties specified in the schedule to the application I.A.4

filed by the petitioner - plaintiff. The said interim order

passed by this Court is subsisting as on today and is

operative between the parties.

4. Under these circumstances, without expressing

any opinion on the merits / demerits of the rival claims, I

deem it just and appropriate to dispose of this petition

directing the trial court to dispose of the suit as

expeditiously as possible and in accordance with law,

without being influenced by the observations and findings

recorded in the impugned order and at any rate on or

before 16.12.2022.

All rival contentions between the parties are kept

open and no opinion is expressed on the same. It is further

directed that till the disposal of the suit by the trial court, the

interim order dated 18.07.2019 passed by this Court in the

present petition shall continue to remain in force and be

operative between the parties.

5. With the aforesaid observations and directions, the

petition stands disposed of.

SD/-

JUDGE Srl