Msk Worldwide Express Private Limited vs Msk Courier & Cargo Private Limited
2025 Latest Caselaw 10191 Kant

Karnataka High Court

Msk Worldwide Express Private Limited vs Msk Courier & Cargo Private Limited on 13 November, 2025

                                                   -1-
                                                                NC: 2025:KHC:46801
                                                             MFA No. 4174 of 2019
                                                         C/W MFA No. 4173 of 2019
                                                             MFA No. 4175 of 2019
                       HC-KAR                                       AND 1 OTHER


                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 13TH DAY OF NOVEMBER, 2025

                                                 BEFORE

                                 THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

                           MISCELLANEOUS FIRST APPEAL NO.4174 OF 2019 (IPR)
                                                  C/W
                           MISCELLANEOUS FIRST APPEAL NO.4173 OF 2019 (IPR)
                           MISCELLANEOUS FIRST APPEAL NO.4175 OF 2019 (IPR)
                           MISCELLANEOUS FIRST APPEAL NO.4176 OF 2019 (IPR)


                      IN MFA NO.4174/2019

                      BETWEEN:

                      MSK WORLDWIDE EXPRESS PRIVATE LIMITED
                      CIN: U63023KA2014PTC073755
                      A COMPANY REGISTERED UNDER THE
                      PROVISIONS OF THE COMPANIES ACT, 2013
                      HAVING ITS REGISTERED OFFICE AT:
                      NO.72, (OLD NO.797) "ANNAPOORNA"
                      10TH MAIN ROAD, 4TH BLOCK,
                      JAYANAGAR, BENGALURU-560 011,
Digitally signed by
MAHALAKSHMI B M       REPRESENTED HEREIN BY ITS DIRECTOR,
Location: HIGH        MR. M. SATISH KUMAR
COURT OF              S/O LATE MR. MARIYAPPA
KARNATAKA             AGED ABOUT 48 YEARS.                             ...APPELLANT

                      (BY SRI PRADEEP S. SAWKAR, ADVOCATE)

                      AND:

                      1.    MSK COURIER & CARGO PRIVATE LIMITED
                            CIN: U74999PN2016PTC164833
                            A COMPANY INCORPORATED UNDER THE
                            PROVISIONS OF THE COMPANIES ACT, 2013
                            HAVING ITS REGISTERED OFFICE AT:
                            C-503, ANAND RESIDENCY,
                            PLOT NO.C NEAR CITY PRIDE THEATRE,
                              -2-
                                           NC: 2025:KHC:46801
                                       MFA No. 4174 of 2019
                                   C/W MFA No. 4173 of 2019
                                       MFA No. 4175 of 2019
 HC-KAR                                       AND 1 OTHER


     KOTHRUD PUNE,
     MAHARASHTRA-411038
     REPRESENTED HEREIN BY ITS DIRECTOR
     MR. SANJEEV KAMAL CHOUDHARY.

2.   SANJEEV KAMAL CHOUDHARY
     S/O MR. KAMAL FUDAR CHOUDHARY
     AGED ABOUT 45 YEARS,
     HAVING IS PLACE OF BUSINESS AT
     C-503, ANAND RESIDENCY
     PLOT NO.C NEAR CITY PRIDE THEATERE,
     KOTHRUD PUNE,
     MAHARASHTRA-411038.                       ...RESPONDENTS


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC.,
AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A. NO.3 IN
O.S.NO.4610/18 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL
JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.3 FILED
U/O.39 RULE 1&2 R/W SECTION 151 OF CPC.

IN MFA NO.4173/2019

BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED
CIN:U63023KA2014PTC073755
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
NO.72, (OLD NO.797), "ANNAPOORNA"
10TH MAIN ROAD, 4TH BLOCK,
JAYANAGAR, BENGALURU-560 011,
REPRESENTED HEREIN BY ITS DIRECTOR,
MR. M. SATISH KUMAR
S/O LATE MR. MARIYAPPA
AGED ABOUT 48 YEARS.                             ...APPELLANT

(BY SRI PRADEEP S. SAWKAR, ADVOCATE)

AND:

1.     MSK COURIER & CARGO PRIVATE LIMITED
       CIN:U74999PN2016PTC164833
       A COMPANY INCORPORATED UNDER THE
                              -3-
                                           NC: 2025:KHC:46801
                                       MFA No. 4174 of 2019
                                   C/W MFA No. 4173 of 2019
                                       MFA No. 4175 of 2019
 HC-KAR                                       AND 1 OTHER


      PROVISIONS OF THE COMPANIES ACT, 2013,
      HAVING ITS REGISTERED OFFICE AT:
      C-503, ANAND RESIDENCY,
      PLOT NO.C NEAR CITY PRIDE THEATRE,
      KOTHRUD PUNE,
      MAHARASHTRA-411 038
      REPRESENTED HEREIN BY ITS DIRECTOR,
      MR. SANJEEV KAMAL CHOUDHARY.

2.    SANJEEV KAMAL CHOUDHARY
      S/O MR. KAMAL FUDAR CHOUDHARY
      AGED ABOUT 45 YEARS,
      HAVING IS PLACE OF BUSINESS AT
      C-503, ANAND RESIDENCY
      PLOT NO.C NEAR CITY PRIDE THEATRE,
      KOTHRUD PUNE,
      MAHARASHTRA-411038.                      ...RESPONDENTS


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 07.02.2019 PASSED ON IA NO.2 IN
O.S.NO.4610/2018 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL
JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.2 FILED
U/O.39 RULE 1&2 R/W SECTION 151 OF CPC.

IN MFA NO.4175/2019

BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED
CIN:U63023KA2014PTC073755
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE AT:
NO.72, (OLD NO.797) "ANNAPOORNA"
10TH MAIN ROAD, 4TH BLOCK,
JAYANAGAR, BENGALURU-560 011,
REPRESENTED HEREIN BY ITS DIRECTOR,
MR. M. SATISH KUMAR
S/O LATE MR. MARIYAPPA,
AGED ABOUT 48 YEARS.                             ...APPELLANT

(BY SRI PRADEEP S. SAWKAR, ADVOCATE)
                               -4-
                                            NC: 2025:KHC:46801
                                        MFA No. 4174 of 2019
                                    C/W MFA No. 4173 of 2019
                                        MFA No. 4175 of 2019
 HC-KAR                                        AND 1 OTHER


AND:

1.     MSK COURIER & CARGO PRIVATE LIMITED
       CIN: U74999PN2016PTC164833
       A COMPANY INCORPORATED UNDER THE
       PROVISIONS OF THE COMPANIES ACT, 2013
       HAVING ITS REGISTERED OFFICE AT:
       C-503, ANAND RESIDENCY,
       PLOT NO.C NEAR CITY PRIDE THEATRE,
       KOTHRUD PUNE,
       MAHARASHTRA-411038
       REPRESENTED HEREIN BY ITS DIRECTOR
       MR. SANJEEV KAMAL CHOUDHARY.

2.     SANJEEV KAMAL CHOUDHARY
       S/O MR. KAMAL FUDAR CHOUDHARY
       AGED ABOUT 45 YEARS,
       HAVING IS PLACE OF BUSINESS AT
       C-503, ANAND RESIDENCY,
       PLOT NO.C NEAR CITY PRIDE THEATRE,
       KOTHRUD PUNE,
       MAHARASHTRA-411 038.                    ...RESPONDENTS


      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908
AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A.NO.4 IN
O.S.NO.4610/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY
CIVIL JUDGE, AT BENGALURU CITY, (CCH.NO.10), DISMISSING
I.A.NO.4 FILED UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION
151 OF CPC.

IN MFA NO.4176/2019

BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED
CIN:U63023KA2014PTC073755
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE AT:
NO.72, (OLD NO.797) "ANNAPOORNA"
10TH MAIN ROAD, 4TH BLOCK,
JAYANAGAR, BENGALURU-560 011,
REPRESENTED HEREIN BY ITS DIRECTOR
MR. M. SATISH KUMAR
                               -5-
                                            NC: 2025:KHC:46801
                                        MFA No. 4174 of 2019
                                    C/W MFA No. 4173 of 2019
                                        MFA No. 4175 of 2019
 HC-KAR                                        AND 1 OTHER


S/O LATE MR. MARIYAPPA
AGED ABOUT 48 YEARS.                              ...APPELLANT

(BY SRI PRADEEP S. SAWKAR, ADVOCATE)

AND:

1.     MSK COURIER & CARGO PRIVATE LIMITED
       CIN: U74999PN2016PTC164833
       A COMPANY INCORPORATED UNDER THE
       PROVISIONS OF THE COMPANIES ACT, 2013
       HAVING ITS REGISTERED OFFICE AT:
       C-503, ANAND RESIDENCY,
       PLOT NO.C NEAR CITY PRIDE THEATRE,
       KOTHRUD PUNE,
       MAHARASHTRA-411038
       REPRESENTED HEREIN BY ITS DIRECTOR
       MR. SANJEEV KAMAL CHOUDHARY.

2.     SANJEEV KAMAL CHOUDHARY
       S/O MR. KAMAL FUDAR CHOUDHARY
       AGED ABOUT 45 YEARS,
       HAVING IS PLACE OF BUSINESS AT
       C-503, ANAND RESIDENCY,
       PLOT NO.C NEAR CITY PRIDE THEATRE,
       KOTHRUD PUNE,
       MAHARASHTRA-411038.                     ...RESPONDENTS


      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908
AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A.NO.7 IN
O.S.NO.4610/2018 ON THE FILE OF THE XVIII ADDITIONAL CITY
CIVIL JUDGE, AT BENGALURU CITY, (CCH.NO.10), ALLOWING
I.A.NO.7 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151
OF CPC.


       THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MRS. JUSTICE K.S. HEMALEKHA
                                       -6-
                                                     NC: 2025:KHC:46801
                                                MFA No. 4174 of 2019
                                            C/W MFA No. 4173 of 2019
                                                MFA No. 4175 of 2019
 HC-KAR                                                AND 1 OTHER


                          ORAL JUDGMENT

These appeals arise out of interlocutory applications

filed by the appellant/plaintiff in O.S.No.4610/2018,

seeking temporary injunction against the

respondents/defendants. The trial Court by order dated

07.02.2019 rejected the applications filed under Order

XXXIX Rule 1 and 2 of the Code of Civil Procedure, leading

to the present appeals.

2. Learned counsel for the appellants has filed a

memo stating that, during the pendency of these appeals,

the suit in O.S.No.4610/2018, has been finally disposed of

and the appeals have become infructuous.

3. Memo reads as under:

"The above appeal has been filed challenging the order dated 07.02.2019 passed by the Trial Court in O.S.No.4610/2018 rejecting the interlocutory applications filed by Appellant/Plaintiff seeking temporary injunction against Respondents/Defendants.

NC: 2025:KHC:46801

HC-KAR AND 1 OTHER

Subsequently, trial in the matter has been concluded and after hearing the matter on merits, the Learned Trial Court has been pleased to decree the suit of the Appellant/Plaintiff vide judgment dated 04.09.2023. It is therefore submitted that therefore the above appeals do no survive for consideration."

4. Memo is taken on record.

5. In view of memo and undisputedly the suit has

been disposed of, the appeals are dismissed as having

become infructuous.

6. Pending IAs, if any, would not survive for

consideration.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA AT