Karnataka High Court
M/S Lekhraj Corp Pvt Ltd vs M/S Barton Real Estate on 25 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:48694
RP No. 400 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. 400 OF 2024
BETWEEN:
M/S. LEKHRAJ CORP. PVT. LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
NO. 207, RAMNIMI BUILDING, 8
MANDLIK ROAD, COLABA
MUMBAI - 400 001.
REPRESENTED BY ITS DIRECTOR
MR. SANJEEV LEKHRAJ.
...PETITIONER
(BY SMT. KRUTIKA RAGHAVAN, ADVOCATE)
AND:
1. M/S. BARTON REAL ESTATE
Digitally signed by
AASEEFA PARVEEN INVESTMENTS PVT. LTD.,
Location: HIGH
COURT OF A COMPANY REGISTERED UNDER
KARNATAKA
THE COMPANIES ACT,
NO. 201, 2ND FLOOR, BARTON CENTRE
84, M.G.ROAD, BENGALLURU - 560 001
REP. BY ITS DIRECTOR
AASHISH B.METHA AND DANISH FAROOQ.
2. M/S. SOUTHERN INVESTMENTS
A COMPANY REGISTERED UNDER
THE COMPANIES ACT,
NO. 65, MONTIETH ROAD, EGMORE
-2-
NC: 2025:KHC:48694
RP No. 400 of 2024
HC-KAR
CHENNAI - 600 008
REPRESENTED BY ITS LIQUIDATOR
MR. S.KANGAYAN
IBBI/IPA-002/N00886/2019-2020/12770
E-MAIL: [email protected]
...RESPONDENTS
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI VIVEK HOLLA, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH
VIDE ORDER DATED 25.11.2025)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER XLVII RULE 1 OF THE CPC., PLEASED TO A
REVIEW THE IMPUGNED JUDGMENT AND DECREE DATED
03.11.2023 PASSED BY THIS HON'BLE COURT IN RFA NO.
521/2021 (ANNEXURE A).
THIS PETITION, COMING ON FOR ORDERS, 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.
NC: 2025:KHC:48694
HC-KAR
2. Heard learned counsel for the petitioner, learned
Senior Counsel for respondent No.1 and perused the material
on record.
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.
NC: 2025:KHC:48694
HC-KAR
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
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:-
NC: 2025:KHC:48694
HC-KAR
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.
(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
