Karnataka High Court
Atria Brindavan Power Private Limited vs Piramal Capital And Housing Finance Ltd on 15 October, 2025
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NC: 2025:KHC:41154-DB
COMAP No. 148 of 2025
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.148 OF 2025
BETWEEN:
1. ATRIA BRINDAVAN POWER PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
INDIAN COMPANIES ACT, 1956
HAVING OFFICE AT NO.11,
1ST FLOOR, COMMISSARIAT ROAD,
BANGALORE - 560 025
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE
MR. CHINNASWAMY SUNDER RAJU.
2. MR. CHINNASWAMY SUNDER RAJU
S/O LATE SRI A.S CHINNASWAMY RAJU
AGED ABOUT 66 YEARS
Digitally signed by
R/AT NO.294,
NANJUNDACHARI UPPER PALACE ORCHARDS
Location: HIGH BANGALORE -560 080.
COURT OF
KARNATAKA
3. MR. K NAGARAJU
S/O LATE SRI KUPPARAJU
AGED ABOUT 64 YEARS
R/AT NO.158, 2ND MAIN,
1ST BLOCK DOLLARS COLONY
RMV 2ND STAGE,
ASHWATH NAGAR,
BANGALORE - 560 094.
4. RAJU FAMILY TRUST
A TRUST REGISTERED UNDER THE
INDIAN TRUSTS ACT
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NC: 2025:KHC:41154-DB
COMAP No. 148 of 2025
HC-KAR
HAVING ITS OFFICE AT NO.1,
PALACE ROAD,
BANGALORE-560 001
REPRESENTED BY ITS TRUSTEE
MR. CHINNASWAMY SUNDER RAJU.
...APPELLANTS
(BY SRI. C.K. NANDAKUMAR, SR. ADV. A/W
MS. ASHWINI PATIL, ADV. AND
SRI AJAY J NANDALIKE, ADV.)
AND:
1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD.,
A COMPANY INCORPORATED UNDER THE
INDIAN COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 601, 6TH FLOOR,
AMITI BUILDING,
AGASTYA CORPORATE PARK
KAMANI JUNCTION,
KURLA WEST,
MUMBAI -400 070
REP. BY ITS AUTHORISED REPRESENTATIVE
2. BABOON INVESTMENTS HOLDING B.V
OUDE LINDESTAT 70,
HEERLEN 6411, EJ, NETHERLANDS.
3. OMKARA ASSET RECONSTRUCTION PVT. LTD.,
ACTING AS TRUSTEE OF OMKARA
PS28/2023-24 TRUST, C-515,
KANAKIA ZILLION,
JUNCTION OF LBS ROAD AND,
CST ROAD, KURLA WEST
MUMBAI -400 070
REPRESENTED BY ITS DIRECTORS.
4. AXIS TRUSTEE SERVICES LTD.,
AXIS HOUSE, BOMBAY DYING
MILLS COMPOUND,
PANDURANG BUDHKAR MARG,
WORLI, MUMBAI -400 025.
...RESPONDENTS
(BY SRI. UDAYA HOLLA, SR. ADV. A/W
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NC: 2025:KHC:41154-DB
COMAP No. 148 of 2025
HC-KAR
SRI AVINASH BALAKRISHNA, ADV. FOR R1
SRI TAMARRA SEQUEIRA, ADV. FOR R2
SRI SRINIVASAN, V. RAGHAVAN, SR. ADV. A/W
SRI VINAY KUTTAPPA, ADV.F OR R3
SRI T SURYANARAYANA, SR. ADV. FOR
SRI SHARAN B TADAHAL, ADV. FOR C/R-4)
THIS APPEAL IS FILED UNDER SECTION 13(1)(A) OF
COMMERCIAL COURT ACT 2015, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 25.02.2025 PASSED BY THE LXXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, IN
THE INTERIM APPLICATION NO.11/25 AND CONSEQUENTLY
ALLOW THE INTERIM APPLICATION 11/25 FILED IN COM.OS NO.
298/2024; B. SET ASIDE THE IMPUGNED ORDER DATED 25.02.2025
PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE, IN THE INTERIM APPLICATION NO.12/25 AND
CONSEQUENTLY ALLOW THE INTERIM APPLICATION 12/25 FILED
IN COM.OS NO. 298/2024 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. Learned senior counsel Mr.C.K.Nandakumar appearing for
the appellants seeks to withdraw the appeal In view of the order
passed by this Court in COMAP.No.209/2024.
NC: 2025:KHC:41154-DB
HC-KAR
2. The appeal is dismissed as withdrawn.
3. All rights and contentions of the parties are reserved.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
NC
CT:bms
