Karnataka High Court
M/S Catalyst Trusteeship Limited vs Sri B S N Hari on 14 July, 2025
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NC: 2025:KHC:25701-DB
COMAP No. 369 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 369 OF 2025
BETWEEN:
M/S CATALYST TRUSTEESHIP LIMITED,
HAVING ITS REGISTERED OFFICE AT
GDA HOUSE, FIRST FLOOR, PLOT NO. 85
S.NO.94 AND 95, BHUSARI COLONY (RIGHT)
KOTHRUD, PUNE - 411 038.
THROUGH AUTHORISED SIGNATORY
MR. RAVI.D,
[email protected]
...APPELLANT
(BY SRI PRABHULING.K NAVADGI, SENIOR ADVOCATE FOR
SRI TEJAS S R, ADVOCATE, MR. PRASHANT KUMAR,
ADVOCATE, MR. ANKIT RAJGARHIA, ADVOCATE,
MR. SAMAR SINGH, ADVOCATE)
Digitally
signed by AND:
PRAJWAL A
Location: 1. SRI B S N HARI,
High Court S/O LATE SRI SATYANNA,
of Karnataka R/AT NO.1, GUTTEN ANJANEYA TEMPLE
STREET, HOSUR ROAD, WILSON GARDEN,
BENGALURU-560 027.
2. SRI D RAVISHANKAR,
S/O LATE SRI DASAPPA,
R/AT NO.40, 2ND CROSS,
CAMBRIDGE LAYOUT,
BENGALURU-560 008.
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COMAP No. 369 of 2025
HC-KAR
3. CASTLES VISTA PRIVATE LIMITED,
(FORMERLY KNOWN AS MANTRI CASTLES
PRIVATE LIMITED),
HAVING ITS REGISTERED OFFICE AT:
C-5, RICH HOMES, NO.5/1, RICHMOND ROAD,
RICHMOND TOWN, BANGALORE NORTH,
BANGALORE, KARNATAKA - 560025.
4. PROPCARE DEVELOPERS PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT:
C-5, RICH HOMES, NO.5/1, RICHMOND ROAD,
RICHMOND TOWN, BANGALORE NORTH,
BANGALORE, KARNATAKA-560 025.
5. OMKARA ASSETS RECONSTRUCTION PRIVATE
LIMITED,
HAVING ITS REGISTERED OFFICE AT:
NO.9, M P NAGAR, FIRST STREET, KONGU
NAGAR EXTENSION, TIRUPUR-641 607.
6. SHRI SUSHIL PANDURANG MANTRI,
S/O SRI PANDURANG JIVRAJ MANTRI
R/AT: NO.41, VITTAL MALLYA ROAD,
BANGALORE-560 001.
7. DB INTERNATIONAL (ASIA) LIMITED,
HAVING ITS REGISTERED OFFICE AT:
12, MARINA BOULEVARD, LEVEL 18,
MARINA BAY FINACIAL CENTRE TOWER 3,
SINGAPORE-018 982.
8. DEUTSCHE INVESTMENTS INDIA PRIVATE
LIMITED,
HAVING ITS REGISTERED OFFICE AT:
DB HOUSE, HAZARIMAL SOMANI MARG,
FORT, MUMBAI-400 001.
...RESPONDENTS
(BY MR. ANANTHARAM G.R, ADVOCATE FOR R-1 & 2;
MR. CHINTAN CHINNAPPA, ADVOCATE FOR R-5;
MS. MAITREYI B KANNUR, ADVOCATE FOR R-7 & 8;
R-3, 4 & 6 ARE MADE EX-PARTE V/O DATED 14.07.2025)
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COMAP No. 369 of 2025
HC-KAR
THIS COMAP/COMMERCIAL APPEAL UNDER SECTION
13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING
TO SET ASIDE THE IMPUGNED ORDER DATED APRIL 23, 2025
IN COM.OS.NO.588/2025, PASSED BY THE COURT OF
LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (CCH-88) IN INTERIM APPLICATION NO.5 AND 8
OF 2025 IN THE MATTER TITLED SRI B.S.N HARI AND ANR. V
CASTLES VISTA PRIVATE LIMITED AND ORS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. V KAMESWAR RAO ,ACTING CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE)
Challenge in this appeal is against the ex-parte
order dated 23.04.2025 in Com.OS.No.588/2025 passed
by the LXXXVII Additional City Civil and Sessions Judge,
(Exclusive dedicated Commercial Court), Bengaluru on
I.A.Nos.5 and 8 which are primarily applications filed
under Order XXXIX Rules 1 and 2 of CPC.
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HC-KAR
2. Mr.Anantharam G.R., learned counsel appears
for respondent Nos.1 and 2.
3. Learned Senior Counsel for the appellant
states that this appeal is primarily directed against
respondent Nos.1 and 2 as the interim order on I.A.Nos.5
and 8 have been granted in favour of the said
respondents. In other words, for the purpose of this
appeal respondent Nos.3 to 8 may not be necessary
parties. That apart respondent Nos.3, 4 and 6 were ex-
parte before the Trial Court. Further the respondent
Nos.7 and 8 are represented by learned counsel Ms.
Maitreyi B Kannur.
4. We have been informed that the date of
hearing before the trial Court is 15.07.2025 tomorrow. If
that be so, appropriate shall be that the trial Court shall
hear the counsel for the parties on the IA.Nos.5 and 8 on
15.07.2025 and if need be on 16.07.2025 and decide the
applications within 10 days thereafter.
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HC-KAR
5. Learned counsel for the parties states in view
of this order, the appeal be disposed of. It is ordered
accordingly.
6. Pending application(s), if any, shall stand
disposed of.
Sd/-
(V KAMESWAR RAO)
ACTING CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
NR/-
