Karnataka High Court
Quest Offices Private Limited vs Platinum Rent A Car India Pvt Ltd on 21 May, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC:17531
WP No. 13526 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 13526 OF 2024 (GM-CPC)
BETWEEN:
1. QUEST OFFICES PRIVATE LIMITED
HAVING ITS REGISTERED ADDRESS AT NO.15/16
11TH FLOOR, VAYDOOTH CHAMBERS,
MAHAHATMA GANDI ROAD,
TRINITY CIRCLE,
BENGALURU - 560 001.
ALSO AT:
10TH AND 10TH UPPER FLOOR,
RAHEJA TOWER,
M.G.ROAD,
BENGALURU - 560 001.
2. MR GOPAL BYRE GOWDA
Digitally signed DIRECTOR
by SUMA B N
QUEST OFFICES PRIVATE LIMITED
Location: High
Court of HAVING ITS REGISTERED ADDRESS
Karnataka
AT NO.15/16, 11TH FLOOR,
VAYUDOOTH CHAMBERS,
MAHAHATMA GANDI ROAD,
TRINITY CIRCLE,
BENGALURU - 560001.
ALSO AT:
10TH AND 10TH UPPER FLOOR,
RAHEJA TOWER, M.G.ROAD,
BENGALURU - 560 001.
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NC: 2024:KHC:17531
WP No. 13526 of 2024
3. MRS. BEENA GOWDA
DIRECTOR, QUEST OFFICES PRIVATE LIMITED
HAVING ITS REGISTERED ADDRESS
AT NO.15/16, 11TH FLOOR,
VAYUDOOTH CHAMBERS,
MAHAHATMA GANDI ROAD,
TRINITY CIRCLE,
BENGALURU - 560001.
ALSO AT:
10TH AND 10TH UPPER FLOOR,
RAHEJA TOWER, M.G.ROAD,
BENGALURU - 560 001.
4. MR. JAYANT KUMAR JHANB
DIRECTOR, QUEST OFFICES PRIVATE LIMITED
HAVING ITS REGISTERED ADDRESS
AT NO.15/16, 11TH FLOOR,
VAYUDOOTH CHAMBERS,
MAHAHATMA GANDI ROAD,
TRINITY CIRCLE,
BENGALURU - 560001.
ALSO AT
10TH AND 10TH UPPER FLOOR,
RAHEJA TOWER, M.G.ROAD,
BENGALURU - 560 001.
...PETITIONERS
(BY SRI. K S HARISH.,ADVOCATE)
AND:
PLATINUM RENT A CAR INDIA PVT LTD
REPRESENTED BY ITS DIRECTOR,
MR. PRASAD SHINDE,
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NC: 2024:KHC:17531
WP No. 13526 of 2024
5TH FLOOR,
TECHNOPOLIS KNOWLEDGE PARK,
MAHAKALI CAVES ROAD,
CHAKALA, ANDHERI (EAST),
MUMBAI - 400 093.
...RESPONDENT
(BY SRI. SMARAN SHETTY FOR C/R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH BY A WRIT OF CERTIORARI, THE EXPARTE AD-INTERIM
ORDER OF ATTACHMENT DATED 23-04-2024D PASSED BY THE
LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-
88)(COMMERCIAL COURT) AT BENGALURU ON I.A NO.01 IN
COM.O.S NO 612/2024,AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the defendant aggrieved by the order
dated 23.04.2024 passed in Commercial Original Suit
No.612/2024 on the file of Commercial Court, Bengaluru by
which, an ad-interim order has been passed on an application
filed under Order XXXVIII Rule 1 and 5 of CPC seeking
attachment of certain suit schedule property belonging to the
petitioners-defendants. The only grievance of the petitioners is
NC: 2024:KHC:17531
that the said order of attachment could not have been passed
without hearing the petitioners/defendants and without the
respondent/plaintiff making out a case requiring an order of
attachment of this nature having serious consequences. It is his
submission that the Commercial Court has treated the
application filed under Order XXXVIII of CPC as one having filed
under Order XXXIX Rule 1 and 2 of CPC which cannot be the
case.
2. Counsel for the respondent, on other hand submits
that Order XXXVIII of CPC provides for passing of conditional
order and that he therefore submits that there is no error in
exercise of jurisdiction by the Commercial Court in passing the
impugned order.
3. Heard. Perused the records.
4. Perusal of the impugned order reveal that the
Commercial Court has passed the order directing attachment of
the properties mentioned in the interim application filed by the
respondent/ plaintiff under Order XXXVIII of CPC. There is no
any reason whatsoever assigned in the impugned order.
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5. It is settled law that a relief of attachment before
judgment being an extraordinary relief the Court should be
slow in exercising the power unless it is established that having
regard to the facts and circumstances of the case it is
absolutely imperative to pass such an order of attachment
before Judgment. Nothing of this seem to have been taken care
in the impugned order.
6. Learned counsel for the parties submit that the
matter is now set down for hearing before the Commercial
Court on 30.05.2024. In that view of the matter, the petitioners
herein are permitted to file their statement of objections to the
application filed by the respondent/plaintiff under Order
XXXVIII Rule 1 and 5 of CPC before the Commercial Court.
7. It is clarified that the petitioners shall file objections
and documents if any, and shall serve the same on the
respondent/plaintiff or its counsel before the said next date of
hearing and be ready to address their arguments before the
Commercial Court on 30.05.2024. The parties shall not seek
any unnecessary adjournment in the matter and shall
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cooperate with the Court for expeditious disposal of the
application.
8. The Commercial Court shall hear the parties and
thereafter pass the orders on said application in accordance
with law. Till such time, the impugned order is kept in
abeyance.
Petition is disposed of accordingly.
Sd/-
JUDGE
MKM
