Karnataka High Court
Delta Sport Hadelskontor Gmbh vs Hippocampus Heath Care Private Limited on 13 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2023:KHC:45244
WP No. 23482 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO.23482 OF 2023 (GM-CPC)
BETWEEN:
DELTA SPORT HADELSKONTOR GMBH,
A COMPANY REGISTERED UNDER
THE LAWS OF GERMANY,
HAVING ITS HEAD OFFICE AT
WRAGEKAMP 6, D - 22397,
HAMBURG, GERMANY,
E-MAIL [email protected]
REPRESENTED BY ITS AUTHORIZED SIGNATORY,
MR. SANDEEP MITTAL.
B-15, 2ND FLOOR, ANAND VIHAR,
DELHI - 110 092.
...PETITIONER
(BY SRI. VISHWAS N., ADVOCATE)
AND:
1. HIPPOCAMPUS HEALTH CARE
PRIVATE LIMITED,
Digitally signed A COMPANY WITHIN THE MEANING
by RAMYA D OF THE COMPANIES ACT, 2013,
Location: HIGH HAVING ITS REGISTERED OFFICE AT
COURT OF NO.2, H B COMPLEX, 3RD FLOOR,
KARNATAKA
100 FEET MAIN ROAD,
BTM LAYOUT, IST STAGE,
BENGALURU - 560 068.
2. DR. VIJAY KRISHNA REDDY,
FOUNDER AND CHIEF EXECUTIVE OFFICER
OF HIPPOCAMPUS HEALTH CARE
PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT
NO.2, H B COMPLEX,
3RD FLOOR, 100 FEET MAIN ROAD,
-2-
NC: 2023:KHC:45244
WP No. 23482 of 2023
BTM LAYOUT IST STAGE,
BENGALURU - 560 068.
EMAIL. [email protected]
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE LD.LXXXIII
ADDL.CITY CIVIL AND SESSION JUDGE, COMMERCIAL
COURTS, BENGALURU(CCH-84) TO DISPOSE OFF THE THREE
INTERLOCUTORY APPLICATIONS BEING I.A.NO.S1,2,3 FILED
BY THE PETITIONER IN COMM.OS..NO.446/2023 TITLED
DELTA-SPORT HADELSKONTOR GMBH VS.HIPPOCAMPUR
HEALTH CASE PRIVATE LIMITED AND ANOTHER WHICH IS
PENDING BEFORE THE LEARNED TRIAL COURT IN AN
EXPEDITIOUS MANNER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/plaintiff in O.S.No.446/2023 on the file of
LXXXIII Addl. City Civil and Sessions Judge, Commercial
Court, Bengaluru, is before this Court praying for a
direction to dispose of I.A.Nos.1 to 3 filed along with the
plaint.
2. Heard learned counsel, Sri.Vishwas N for the
petitioner and perused the writ petition papers.
3. Learned counsel for the petitioner submits that
petitioner/plaintiff filed O.S.No.446/2023 praying for
NC: 2023:KHC:45244
judgment and decree directing defendants to pay a sum of
USD 11,02,180 to the plaintiff along with interest. It is
submitted that along with suit, I.A.Nos.1 to 3 were also
filed. Defendants said to have appeared before the Court
on 12.06.2023 and also filed written statement and
objections on the same day. Learned counsel would invite
the attention of this Court to the order sheet placed on
record as Annexure-M and submits that applications were
heard on various dates and it was posted for orders on
17.09.2023. It is the grievance of the petitioner that no
orders are passed on I.A.Nos.1 to 3 till this date.
4. On perusal of order sheet at Annexure-M, it is
seen that Commercial Court heard IA's on various dates
and finally on 17.09.2023, on completion of hearing,
posted the IA's for orders by 06.10.2023. On 06.10.2023,
it was adjourned to 09.11.2023. On 09.11.2023, it was
adjourned to 08.12.2023 and from 08.12.2023 to
08.01.2024. When urgent interim orders are prayed for,
the Commercial Court is expected to pass orders within a
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reasonable time. In the instant case, the Commercial
Court completed hearing on I.A.Nos.1 to 3 on 12.09.2023
and from the said date the Commercial Court was required
to pass orders within a reasonable time. In the above
circumstances, the Commercial Court to pass orders by
next date of hearing or within reasonable time.
With the above, writ petition stands disposed of.
Sd/-
JUDGE
DR
CT:SNN
