Karnataka High Court
M/S Puravankara Projects Limited vs M/S Purva Metals Section Private ... on 15 January, 2025
Author: K.Somashekar
Bench: K.Somashekar
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CCC No. 634 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CIVIL CONTEMPT PETITION NO. 634 OF 2022
BETWEEN:
M/S PURAVANKARA PROJECTS LIMITED
(NOW KNOWN AS M/S PRUVANKARA LTD)
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMAPNES ACT 1956
HAVING ITS REGISTERED
OFFICE AT 130/1, ULSOOR ROAD
BANGALORE 560043
REP. BY ITS PRESIDENT LEGAL
MRS S JOHN VIJAYKUMAR
...COMPLAINANT
(BY SRI. JOSEPH ANTHONY - ADVOCATE)
Digitally AND:
signed by
SUMATHY
KANNAN M/S PURVA METALS SECTION PRIVATE LIMITED
Location: NO 193, "SHIV SADAN"
High Court of 4TH FLOOR, OPP. TO NCC APARTMENT
Karnataka NEAR ROYAL ENFILED SHOWROOOM
B NARAYANAPURA
BENGALURU - 560016
REPRESENTED BY ITS DIRECTOR
MR. LALIT KUMAR PURVA.
...ACCUSED
(BY SRI. VIJAYA KUMAR L - ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS, 1971 AND RULE 3 OF TH HIGH COURT
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CCC No. 634 of 2022
OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES
1981 BY THE COMPLAINANT, PRAYING TO ORDER THAT THE
ACCUSED ARE GUILTY OF CONTEMPT OF ORDER DATED MAY
27, 2022 PASSED BY THIS HON'BLE COURT IN MFA
NO.4313/2018 (PRODUCED AT ANNEXURE-A).
THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
AND
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceedings is initiated by the
complainant against the respondent/accused for having
deliberate and willful disobedience of the order passed by
this Court in MFA.No.4313/2018 (IPR) dated 27.05.2022
vide Annexure - A.
2. Learned counsel Sri Joseph Anthony for
complainant is present. Learned counsel Sri Vijaya
Kumar.L is present and submits that learned counsel
Sri Harikrishna.S.Holla who is on record for
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respondent/accused is no more. He further submits that
he has subscribed his signature on vakalath for
respondent/accused and a memo has been filed to that
effect. The memo is taken on record.
3. The aforesaid appeal has been filed under Order
43 Rule 1(r) R/w Section 151 of CPC, against the order
dated 27.04.2018 passed on IA.Nos.1 and 2 in
O.S.No.4974/2017 on the file of the XVIII Additional City
Civil Judge, Bengaluru. IA.No.1 filed under Order 39 Rule
1 and 2 of CPC was dismissed and IA.No.2 filed under
Order 39 Rule 4 r/w Section 151 of CPC was allowed.
4. Learned counsels for the parties submit that
proceeding in O.S.No.4974/2017 was filed by plaintiff
against the defendant for permanent injunction. The Trial
Court rendered judgment and decree in the aforesaid
original suit on 15.11.2022. subsequent to rendering of
the said judgment and decree, appeal has been preferred
in RFA.No.2116/2022 which is pending before the Court
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having jurisdiction to deal the matter and interim order
has also been granted on 02.02.2023.
5. However, it is relevant to refer the order rendered
by the co-ordinate Bench of this Court in
CCC.No.1237/2022 (Civil) dated 26.03.2023 wherein
para No.3 indicates as under:
'3. When the order is an interim order, by
its very nature it does not determine rights of
the parties finally. There are no trappings of
finality in the order. In the aforesaid view, this
Court is not inclined to entertain the contempt
petition and it is not persuaded to exercise the
power of contempt under the Contempt of
Courts Act, 1971.'
6. It is relevant to refer the order rendered by the
co-ordinate Bench of this Court in CCC.No.703/2024
(Civil) dated 06.08.2024 wherein Para No. 2 indicates as
under:
'2. This Court is not inclined to invoke and
exercise the jurisdiction under the Contempt of
Courts Act, 1971, in view that the petitioner has
the remedy to approach the same Court for
breach of injunction under the provisions of
Order XXXIX Rule 2A of the Code of Civil
Procedure 1908.'
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7. Keeping in view the aforesaid orders and the
appeal which is pending for consideration, this contempt
proceeding does not survive for consideration to take
punitive action against the Respondent/Accused.
Consequently, this contempt proceeding is hereby
dropped.
In the meanwhile, learned counsel for the
complainant seeks liberty. Therefore, liberty is granted to
the complainant to proceed further in accordance with law.
SD/-
(K.SOMASHEKAR)
JUDGE
SD/-
(VENKATESH NAIK T)
JUDGE
RJ
