Karnataka High Court
Omkara Asset Reconstruction Private ... vs M/S Atria Brindavan Power Private ... on 15 October, 2025
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NC: 2025:KHC:41178-DB
COMAP No. 167 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
COMMERCIAL APPEAL NO. 167 OF 2024
BETWEEN:
OMKARA ASSET RECONSTRUCTION
PRIVATE LIMITED
ACTING AS TRUSTEE OF OMKARA
PS28/2023-2024/TRUST
C-515, KANAKIA ZILLION,
JUNCTION OF LBS ROAD AND CST ROAD,
KURLA WEST, MUMBAI -400070
REP. BY AUTHORISED SIGNATORY
MR. SUBHODEEP BANERJEE.
...APPELLANT
(BY SRI. SRINIVASAN V. RAGHAVAN, SR. ADV. A/W
SRI VINAY KUTTAPPA, ADV.)
Digitally signed by
NANJUNDACHARI AND:
Location: High
Court of Karnataka
1. M/S. ATRIA BRINDVAN POWER PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE AT
NO.11, 1ST FLOOR,
COMMISSARIAT ROAD
BANGALORE- 560025.
2. MR. CHINNASWAMY SUNDER RAJU
S/O LATE SHRI A S CHINNASWAMY RAJU
AGED ABOUT 66 YEARS
RESIDING AT No. 294,
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COMAP No. 167 of 2024
HC-KAR
UPPER PALACE ORCHARDS,
BANGALORE- 560080.
3. MR. K NAGARAJU
S/O LATE SHRI KUPPARAJU
AGED ABOUT 64 YEARS
R/AT NO.158, 2ND MAIN,
1ST BLOCK, DOLLARS COLONY,
RMV 2ND STAGE, ASHWATH NAGAR
BANGALORE- 560094.
4. RAJU FAMILY TRUST
HAVING REGISTERED OFFICE AT NO.1,
PALACE ROAD, BANGALORE -560001
REPRESENTED BY TRUSTEE
MR. CHINNASWAMY SUNDER RAJU.
5. PIRAMAL CAPITAL AND HOUSING
FINANCE LIMITED
AND HAVING ITS REGISTERED OFFICE AT
PIRAMAL TOWER, PENINSULA
CORPORATE PARK,
GANPATRAO KADAM MARG,
LOWER PAREL-400013.
6. BABOON INVESTMENTS HOLDING B.V.
OUDE LINDESTAT 70
HEERLEN 6411, EJ
THE NETHERLANDS.
7. AXIS TRUSTEESHIP SERVICES LIMITED
AXIS HOUSE BOMBAY DYING
MILLS COMPOUND
PANDURANG BUDHKAR
MARG WORLI, MUMBAI -400025.
...RESPONDENTS
(BY SRI.C.K. NANDAKUMAR, SR. ADV. A/W
MS. ASHWINI PATIL, ADV. &
SRI AJAY J NANDALIKE, ADV. FOR R1 TO 4
SRI UDAYA HOLLA, SR. ADV. A/W
SRI AVINASH BALAKRISHNA, ADV. FOR R5
MS. TAMARRA SEQUERIA, ADV. FOR R6
SRI T SURYANARAYANA, SR. ADV. FOR
SRI SHARAN B. TADAHAL, ADV. FOR R7)
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COMAP No. 167 of 2024
HC-KAR
THE APPEAL IS FILED UNDER SECTION 43 RULE 1 OF THE
CPC, 1908 READ WITH SECTION 13(1-A) OF THE COMMERCIAL
COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED
ORDER (ANNEXURE-A) PASSED BY LD. COMMERCIAL COURT IN
THE SUIT COM.O.S.NO.298/2024 ON I.A.NO.2 AND 3 DATED
25.04.2024 PASSED BY LXXXII ADDL.CITY CIVIL AND SESSION
JUDGE AT BENGALURU (CCH-83) AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant (defendant No.3) has filed the present appeal
under order 43 Rule 1 of Code of Civil Procedure, 1908 [CPC] read
with Section 13(1-A) of the Commercial Courts Act, 2015 [the CC
Act] impugning the order dated 25.04.2024 [impugned order]
passed by the learned LXXXII Additional City Civil and Sessions
Judge, Bengaluru (CCH.83) [Commercial Court] in I.A.No.II and
I.A.No.III in Com.OS.No.298/2024.
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HC-KAR
2. For the reasons stated in the order passed today in
COMAP.No.209/2024, the present appeal is allowed and the
impugned order is set aside.
3. Pending application also stands disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
NC
CT:bms
