Tricity Hositality vs Jay Jay And Kwality Restaurants ...
2023 Latest Caselaw 4281 Kant

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                                                    NC: 2023:KHC:23867-DB
                                                        COMAP No. 177 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF JULY, 2023

                                           PRESENT
                            THE HON'BLE MR JUSTICE ALOK ARADHE
                                             AND
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                             COMMERCIAL APPEAL NO.177 OF 2023
                   BETWEEN:
                   1.    TRICITY HOSITALITY
                         A PARTNERSHIP FIRM
                         REP BY PARTNERS
                         SRIYUTHS: NIHIL VERMA
                         SURINDER KUMAR
                         KARAN SINGLA
                         PRABHJOT SINGH
                         SUMMERPREET SINGH AND SUBHAM GUPTA
                         REGD. OFFICE AT NO.143-A
                         ENTERTAINMENT AREA
                         3RD FLOOR, CITY EMPORIUM
                         INDUSTRIAL AREA, PHASE 1
                         CHANDIGARH-160009.
Digitally signed
by BELUR                 ALSO AT: H.NO.110
RANGADHAMA
NANDINI                  NEAR NAMDEO GURUDWARA
Location: HIGH           WARD NO.11, AHMEDGARH
COURT OF
KARNATAKA                SANGUR
                         PUNJAB-148001
                         REPRESENTED BY ITS AUTHORIZED SIGNATORY
                         MR. NIKHIL VERMA

                   2.    MR. NIKHIL VERMA PARTNER
                         TRICITY HOSPITALITY
                         NO.143-A, ENTERTAINMENT AREA
                         3RD FLOOR, CITY EMPORIUM
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                                NC: 2023:KHC:23867-DB
                                    COMAP No. 177 of 2023




     INDUSTRIAL AREA, PHASE 1
     CHANDIGARH-160009.

3.   MR. SURINDER KUMAR
     PARTNER
     TRICITY HOSPITALITY
     NO.143-A, ENTERTAINMENT AREA
     3RD FLOOR, CITY EMPORIUM
     INDUSTRIAL AREA, PHASE 1
     CHANDIGARH-160009

4.   MR. KARAN SINGLA
     PARTNER
     TRICITY HOSPITALITY
     NO.143-A, ENTERTAINMENT AREA
     3RD FLOOR, CITY EMPORIUM
     INDUSTRIAL AREA, PHASE 1
     CHANDIGARH-160009

5.   MR. PRABHJOT SINGH
     PARTNER
     TRICITY HOSPITALITY
     NO.143-A, ENTERTAINMENT AREA
     3RD FLOOR, CITY EMPORIUM
     INDUSTRIAL AREA, PHASE 1
     CHANDIGARH-160009

6.   MR. SUMMERPREET SINGH
     PARTNER
     TRICITY HOSPITALITY
     NO.143-A, ENTERTAINMENT AREA
     3RD FLOOR, CITY EMPORIUM
     INDUSTRIAL AREA, PHASE 1
     CHANDIGARH-160009.

7.   MR. SHUBHAM GUPTA
     PARTNER
     TRICITY HOSPITALITY
     NO.143-A, ENTERTAINMENT AREA
     3RD FLOOR,
     CITY EMPORIUM
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                                        NC: 2023:KHC:23867-DB
                                           COMAP No. 177 of 2023




   INDUSTRIAL AREA, PHASE 1
   CHANDIGARH-160009
                                                      ...APPELLANTS
(BY SRI. MITHUN G. A., ADVOCATE)

AND:
JAY JAY AND KWALITY RESTAURANTS PVT LTD
A COMPANY INCORPORATED UNDERT THE
PROVISIONS OF COMPANIES ACT, 2013
ASSIGNEE OF JAY JAY CAPITAL AND INVESTMENT
LIMITED
UNDER ASSIGNMENT DEED DATED 05.03.2022
HAVING REGD. OFFICE AT NO.9
SLM COMPLEX, 3RD FLOOR
CLUB ROAD, HAMPI NAGAR, RPC LAYOUT
VIJAYANAGAR 2ND STAGE
BENGALURU-560040
REP BY ITS DIRECTOR
UTKRISHT SAHAI
                                         ...RESPONDENT
(BY SMT. POONAM PATIL, ADVOCATE)


       THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER
SECTION     13 (1A) OF THE COMMERCIAL COURTS ACT ,
PRAYING    TO     SET-ASIDE   THE       IMPUGNED   ORDER   DATED
18.04.2023 IN IA. NO. 1/2023 PASSED BY THE LEARNED
LXXXII    ADDL.    CITY   CIVIL    AND     SESSIONS    JUDGE,   AT
BANGALORE CITY (CCH-83), IN COM.A.A. NO. 180/2023 AND
ETC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                                      NC: 2023:KHC:23867-DB
                                         COMAP No. 177 of 2023




                          JUDGMENT

Mr.Mithun G.A., learned counsel for the appellants.

Ms.Poonam Patil, learned counsel for the respondent.

This appeal under Section 13(1A) of the Commercial

Courts Act, 2015 has been filed against the order dated

18.04.2023 passed in Com.A.A.No.180/2023 by the

LXXXII Additional City Civil & Sessions Judge, Bengaluru

City (for short, 'the Commercial Court') by which the

Commercial Court has granted an exparte order of

injunction.

2. When the matter was called today, the learned

counsel for the parties submit that the notice on the

appellants has been served and the proceeding is fixed

before the Commercial Court on 18.07.2023.

3. It is further submitted that the appellants shall

file reply to the application under Order XXXIX Rule 1 and

2 of CPC on 18.07.2023.

NC: 2023:KHC:23867-DB COMAP No. 177 of 2023

4. Learned counsel for the parties jointly submit

that they shall address the arguments on the application

for grant of injunction on 18.07.2023 itself.

5. In view of the aforesaid submission and in the

facts of the case, the appeal is disposed of with a direction

to the Commercial Court to hear the arguments of the

parties on the application for temporary injunction on

18.07.2023 and to pass suitable order in accordance with

law.

The interim order granted on 09.05.2023 shall

continue till the orders are passed on the application for

temporary injunction by the Commercial Court.

It is made clear that this Court has not expressed

any opinion on the merits of the case of the parties.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE BSR