Karnataka High Court
M/S Powersmart Media Opc Pvt Ltd vs Dr C M Rajesh Gowda on 17 January, 2023
Bench: H T Prasad
-1-
MFA No. 508 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 508 OF 2022 (CPC)
BETWEEN:
M/S POWERSMART MEDIA (OPC) PVT LTD
CALLED AS POWER TV
NO.7 OLD NO.21 11TH MAIN
1 STAGE
I PHASE GOKULA
BANGALORE-560054
REPRESENTED BY ITS
MANAGING DIRECTOR
MR RAKESH SANJEEVA SHETTY
...APPELLANT
(BY SRI. DEEPAK B R.,ADVOCATE)
AND:
1. DR C M RAJESH GOWDA
Digitally signed
by AGED ABOUT 47 YEARS
DHANALAKSHMI S/O SRI C P MUDALAGIRIYAPPA
MURTHY R/AT NO.226 15TH C CROSS
Location: High
Court of II STAGE, II PHASE
Karnataka MAHALAKSHMIPURAM
BANGALORE-560086.
2. M/S SHANTHA INDUSTRIAL
ENTERPRISES
A PARTNERSHIP FIRM HAVING
-2-
MFA No. 508 of 2022
ITS OFFICE AT NO.1 MALAVALLI
CHIKKANNA CHARTIES BUILDING
SUBEDHAR CHATRAM ROAD
SHESHADRIPURAM
BANGALORE-560020
REPRESENTED BY ITS PARTNER
SRI B H SATISH
...RESPONDENTS
(BY SRI.B.VACHAN., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC AGAINST THE ORDER DATED 23.12.2021 PASSED IN
OS.NO.6906/2021 ON THE FILE OF THE XXVII
ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING
THE I.A. FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Order 43 Rule 1(r) of the CPC is
filed by the defendant in O.S.No.6906/2021 before the
XXVII Addl. City Civil Judge, Bangalore, challenging the
order dated 23.12.2021 passed on application filed
under Order 39 Rules 1 and 2 read with Section 151 of
CPC whereby the Trial Court has allowed the application
and temporary injunction has been granted.
MFA No. 508 of 2022
2. For the sake of convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiffs filed the suit in
O.S.No.6906/2021 before the Trial Court seeking for
relief of permanent injunction restraining the defendant,
its agents, employees, representatives, henchmen or
anybody claiming through or under it from transmitting
any video, documentary, snippets, breaking news, news
special, news scroll, paid promotion, etc., through its
television channel, print media, social medial or any
direct or indirect method against the plaintiffs. Along
with the suit, the plaintiff had also filed application
under Order 39 Rules 1 and 2 read with Section 151 of
CPC seeking for grant of an order of temporary
injunction restraining the defendant, its agents,
employees, representatives, henchmen or any persons
from transmitting any video, documentary, snippets,
breaking news, news special etc., through its television
MFA No. 508 of 2022
channel, print media, social medial or in any direct or
indirect method against the plaintiffs pending disposal of
the suit. On service of summons, defendant appeared
through counsel and filed written statement. On the
basis of the pleadings of the parties, the trial court
framed issues. The matter is now set down for evidence.
In the meantime, the trial court by order dated
23.12.2021 has allowed the application filed under Order
39 Rules 1 and 2 and granted an order of temporary
injunction. Being aggrieved, the defendant has
preferred this appeal.
4. Heard the learned counsel for the parties and
perused the records.
5. The pleadings of the parties are completed
and the suit is now set down for evidence. Under the
circumstances, the only relief that can be granted at this
MFA No. 508 of 2022
stage is to direct the Trial Court to dispose of the suit as
expeditiously as possible.
6. Accordingly, the appeal is disposed of.
The Trial Court is directed to dispose of the suit
i.e., O.S.No.6906/2021 as expeditiously as possible, not
later than four months from the date of receipt of copy
of this order.
Parties are directed to co-operate for the early
disposal of the suit.
In view of disposal of appeal, all pending I.As. are
dismissed accordingly.
Sd/-
JUDGE
DM
