Karnataka High Court
M/S Aswati Inns Pvt Ltd vs M/S Barton Real Estate Investments Pvt ... on 25 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
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RP No. 426 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
REVIEW PETITION NO. 426 OF 2024
BETWEEN:
M/S. ASWATI INNS PVT. LTD.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT,
1956 HAVING ITS REGISTERED OFFICE AT 12TH FLOOR
BARTON CENTRE, 84, M.G.ROAD,
BANGALORE KARNATAKA, INDIA - 560 001
REPRESENTED DIRECTOR
BY MR. NAKUL RAJARAM
...PETITIONER
(BY SRI ROHAN KOTHARI, ADVOCATE)
AND:
1. M/S. BARTON REAL ESTATE INVESTMENTS PVT. LTD.,
A COMPANY INCORPORATED UNDER
Digitally signed by PROVISIONS OF THE COMPANIES ACT, 1956
AASEEFA PARVEEN
HAVING ITS REGISTERED OFFICE AT
Location: HIGH
COURT OF NO. 201, 2ND FLOOR, BARTON CENTRE
KARNATAKA
84, M.G.ROAD, BENGALURU - 560 001.
REP. BY ITS DIRECTORS
MR. AASHISH B METHA AND
MR. DANISH FAROOQ.
2. M/S. SOUTHERN INVESTMENTS
(A COMPANY PRESENTLY UNDER LIQUIDATION) HAVING
ITS REGISTERED OFFICE AT
NO.65, MONTIETH ROAD, EGMORE
MADRAS - 600 008.
REPRESENTED BY ITS LIQUIDATOR
MR. S.KANGAYAN HAVING REGISTRATION NO
-2-
NC: 2025:KHC:49012
RP No. 426 of 2024
HC-KAR
IBBI/IPA- 002/N00866/2019-2020/12770.
EMAILD ID: [email protected]
...RESPONDENTS
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI VIVEK HOLLA, ADVOCATE FOR R1
R2 IS SERVED)
THE REVIEW PETITION UNDER SECTION 114 READ WITH
ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1906
PRAYING TO REVIEW THE IMPUGNED JUDGMENT AND DECREE
DATED 03.11.2023 (AS AMENDED VIDE ORDER DATED
14.12.2023) PASSED BY THIS HONBLE COURT IN RFA NO.
521/2021 (ANNEXURE-A).
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Notice to respondent No.2 is dispensed with.
This Review Petition is directed against the final Order
dated 03.11.2023 (as amended vide order dated 14.12.2023)
passed in RFA No.521/2021, whereby the said appeal filed by
respondent No.1/appellant against respondent No.2 (sole
respondent in the appeal) was allowed by this Court.
2. Heard learned counsel for the petitioner, learned
Senior Counsel for respondent No.1 and perused the material
on record.
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3. A perusal of the material on record will indicate that
the first respondent/plaintiff instituted a suit against the second
respondent/defendant for declaration, permanent injunction
and other reliefs in O.S.No.7306/2017 before the City Civil
Court, Bengaluru. By judgment and decree dated 23.2.2021,
the Trial Court dismissed the said suit, aggrieved by which, the
first respondent/plaintiff preferred an appeal in RFA
No.521/2021 before this Court. The second respondent - sole
defendant having been served with notice of the appeal was
placed ex-parte vide order dated 4.10.2023 and did not contest
the appeal. When the matter was posted before this Court on
03.11.2023, respondent No.1/appellant was heard and
respondent No.2 (sole respondent in the appeal) remained
ex-parte and did not contest the appeal, as a result of which,
this Court proceeded to pass the final order dated 03.11.2023
allowing the appeal and decreeing the suit in favour of the first
respondent/plaintiff.
4. Though several contentions urged by the review
petitioner and as well as the first respondent/plaintiff in support
of the respective claims, it is a matter of record and an
undisputed fact that as on the date on which this Court
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disposed of the said appeal in RFA No.521/2021 dated
03.11.2023, the National Company Law Tribunal (NCLT),
Chennai, has imposed moratorium against second
respondent/defendant under Section 14 of the Insolvency and
Bankruptcy Code (IBC). However, while passing the final order
dated 03.11.2023, the said fact was not taken into account by
this Court and as such, without expressing any opinion on the
merits/demerits of the rival contentions, in the light of the
moratorium imposed by the NCLT, Chennai, on the second
respondent (sole respondent in RFA No.521/2021) who had
remained ex-parte, I deem it just and appropriate to set aside
the final order dated 03.11.2023 and restore RFA No.521/2021
for reconsideration afresh and for disposal on merits and in
accordance with law.
5. In the result, I pass the following
ORDER
(i) This Review Petition is hereby allowed.
(ii) The order at 'Annexure-A' dated 03.11.2023 passed in
RFA No.521/2021 is hereby set aside.
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(iii) RFA No.521/2021 is restored to the file of this Court.
(iv) Liberty is reserved in favour of the review petitioner
to file an application seeking impleadment in RFA No.521/2021.
(v) If the review petitioner files such an application, first
respondent (appellant in RFA No.521/2021) would be entitled
to file objections to the said application, which would be
considered by this Court in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
AP
List No.: 1 Sl No.: 31.2
