Mrs. K Geetha vs Mr. Iftekar A Ahmed
2023 Latest Caselaw 3422 Kant

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                                                    NC: 2023:KHC:20785-DB
                                                       COMAP No. 169 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 16TH DAY OF JUNE, 2023

                                           PRESENT
                            THE HON'BLE MR JUSTICE ALOK ARADHE
                                              AND
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                             COMMERCIAL APPEAL NO. 169 OF 2023
                   BETWEEN:

                   1.    MRS.K GEETHA,
                         AGED ABOUT 55 YEARS,
                         PARTNER AT M/S SPEKTRUM
                         HAVING ITS REGISTERED OFFICE
                         AT 104/2, TAVAREKERE MAIN ROAD,
                         S G PALYA, DRC POST,
                         BANGALORE-560029.

                   2.    MRS BILQUEES BILAL,
                         AGED ABOUT 55 YEARS,
                         PARTNER AT M/S SPEKTRUM,
                         HAVING ITS REGISTERED OFFICE AT
                         104/2, TAVAREKERE MAIN ROAD,
Digitally signed         S G PALYA, DRC POT,
by BELUR
RANGADHAMA               BANGALORE-560029.
NANDINI
Location: HIGH     3.    MR S. K. RAMESH,
COURT OF
KARNATAKA                AGED ABOUT 61 YEARS,
                         PARTNER AT M/S SPEKTRUM
                         HAVING ITS REGISTERED OFFICE AT
                         104/2, TAVAREKERE MAIN ROAD,
                         S G PALYA, DRC POST,
                         BANGALORE-560029
                                                            ...APPELLANTS
                   (BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL A/W
                   SRI ROHAN BABU JOSEPH, ADVOCATE)
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                                NC: 2023:KHC:20785-DB
                                   COMAP No. 169 of 2023




AND:
1.   MR. IFTEKAR A AHMED,
     AGED MAJOR, 61, 3 RD CROSS, 16TH A MAIN,
     KORAMANGALA 4TH BLOCK,
     BANGALORE-560034,
     ALSO AT NO.38, XAVIER LAYOUT,
     VIVEK NAGAR POST OFFICE,BANGALORE-560047.

2.   MRS TABASSUM TAYAB,
     AGED MAJOR, NO. 61, 3RD CROSS,
     16TH A MAIN, KORAMANGALA 4TH BLOCK,
     BANGALORE-560034.

3.   FEDERAL BANK LIMITED,
     REPRESENTED BY ITS BRANCH MANAGER,
     CHOCOLATE FACTORY ROAD, IST MAIN ROAD,
     TAVAREKERE, BENGALURU-560029.

                                        ...RESPONDENTS
(BY SRI. NARAYANAN M R, ADVOCATE FOR R1 AND R2,
 R3 IS SERVED BUT UNREPRESENTED)

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1-A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION
37 OF THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING TO:
A. CALL FOR RECORDS ON THE FILE OF THE HON'BLE LXXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU, IN COM.A.A.NO.186/2023.
B. SET ASIDE THE IMPUGNED ORDER DATED 21.04.2023
PASSED BY THE HON'BLE LXXXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU, IN COM.A.A.NO.186/2023,
IN SO FAR AS THE HON'BLE COMMERCIAL COURT'S REFUSAL
TO   GRANT   TEMPORARY    INJUNCTIONS   AGAINST    THE
RESPONDENTS IN IA NO.2 DIRECT RESPONDENT NO.3 BANK
TO RESUME THE BANKING OPERATIONS OF M/S SPEKTRUM'S
CURRENT     ACCOUNT     BEARING     NO.16590200003129
FORTHWITH AND ETC.,

    THIS APPEAL COMING ON FOR ORDERS THIS DAY ALOK
ARADHE J., DELIVERED THE FOLLOWING:
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                                     NC: 2023:KHC:20785-DB
                                           COMAP No. 169 of 2023




                            JUDGMENT

Sri Dhyan Chinappa, learned Senior Counsel for the

appellant with Mr.Narayanan M. R., learned counsel for

respondents No.1 and 2.

2. This Commercial Appeal under Section 13(1-A) of the

Commercial Courts Act, 2015 has been filed against the order

dated 21.04.2023 passed by the learned Judge of the

Commercial Court by which the Commercial Court has issued

notice on an application under Order 39 Rules 1 and 2 and did

not grant an exparte order permitting the appellants to operate

the accounts of the firm.

3. Learned Senior Counsel for the appellants fairly

submit that notice of application for temporary injunction has

been served on respondents No.1 and 2 and the proceeding

before the Commercial Court are fixed for consideration of I.A.

filed by the appellants on 21.06.2023. Learned Senior Counsel

for the appellants has invited the attention of this Court to

I.A.No.3/2023 and has submitted that the appellants be

permitted to withdraw the amount of Rs.28,02,585/- to meet

the expenses on account of the salary of the employees of the

NC: 2023:KHC:20785-DB COMAP No. 169 of 2023

firm and other necessary expenses. It is further submitted that

the appellants are ready and willing to furnish true and correct

statement of accounts in relation to the amount of

Rs.28,02,585/-.

4. The aforesaid prayer has not been fairly opposed by

the learned counsel for respondents No.1 and 2.

5. Taking into account the nature of the dispute involved

in this appeal as well as the fact that the appellants are

required to meet the day-to-day expenses of the firm and to

pay the salaries to the employees, it is directed that the

appellants shall be permitted to withdraw sum of

Rs.28,02,585/-. Needless to state that the appellants shall file

affidavits furnishing the true and correct statement of accounts

in relation to the aforesaid amount, within two weeks from

today.

6. The parties undertake to appear before the

Commercial Court on 21.06.2023. The Commercial Court is

directed to deal with the prayer of the appellants for permitting

it to operate the accounts of the firm expeditiously preferably

within an outer limit of two weeks.

NC: 2023:KHC:20785-DB COMAP No. 169 of 2023

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

BRN