Sivagami. N vs M/S. Vinayaka Travels
2025 Latest Caselaw 9293 Kant

Karnataka High Court

Sivagami. N vs M/S. Vinayaka Travels on 17 October, 2025

                                        -1-
                                                 NC: 2025:KHC:41427-DB
                                                COMAP No. 188 of 2025


             HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 17TH 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. 188 OF 2025
            BETWEEN:

            SIVAGAMI. N
            AGED ABOUT 47 YEARS,
            WIFE OF LATE ANUP KUMAR DEY
            RESIDING AT NO.39/2, AISHWARYA,
            3RD CROSS, DEVASANDRA,
            K.R PURAM, BANGALORE-560036

            ALSO AT NO.788, 3RD FLOOR,
            3RD MAIN ROAD, BHOOMI
            REDDY COLONY,
Digitally   GEETHANAJALI LAYOUT,
signed by   THIPPASANDRA,
NIRMALA
DEVI        BANGALORE-560075
Location:
HIGH                                                     ...APPELLANT
COURT OF    (BY MS. P NISHANTHINI, ADVOCATE FOR
KARNATAKA
                SRI. MANIAN K B S.,ADVOCATE)

            AND:

            1.   M/S. VINAYAKA TRAVELS
                 A PARTNERSHIP FIRM REGISTERED
                 UNDER THE PARTNERSHIP ACT, 1932,
                 HAVING ITS OFFICE AT 872/E,
                 GROUND FLOOR, ROAD TO
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                                       NC: 2025:KHC:41427-DB
                                   COMAP No. 188 of 2025


 HC-KAR




     MICHAELPALYA,
     NEAR SAPNA BOOK HOUSE,
     HAL III STAGE. BANGALORE -560075

2.   R. VIJAY KUMAR
     SON OF LATE RATHINAM CHETTIAR.
     AGED ABOUT 66 YEARS.
     RESIDING AT NO. 153,
     SHREE GANESH VILLA.
     4TH C CROSS, KASTURINAGAR,
     BANGALORE-560043.

3.   D.S.P REDDY
     SON OF LATE SHRI D.D REDDY.
     AGED ABOUT 64 YEARS.
     RESIDING AT NO.2780,
     18TH A MAIN ROAD, HAL II STAGE,
     BANGALORE-560008

4.   SHRI. ANISH DEY
     SON OF LATE ANUP KUMAR DEY
     RESIDING AT NO.002,
     SAI TRANQUIL APARTMENT.
     NO.414, 4TH C MAIN,
     OMBR LAYOUT, BANASWADI,
     BANGALORE-560043.

5.   CHAITHANYA PROJECTS PVT. LTD.
     NO.104, 3RD FLOOR, PRESTIGE OMEGA,
     EPIP ZONE, WHITEFIELD,
     BANGALORE-560066,
     REPRESENTED BY ITS
     MANAGING DIRECTOR,
     MR. GURUPRASAD

6.   KOTAK MAHINDRA BANK LIMITED
     22, TRINITY CIRCLE,
     M.G ROAD,
     BANGALORE-560001
     REPRESENTED BY ITS
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                                            NC: 2025:KHC:41427-DB
                                          COMAP No. 188 of 2025


 HC-KAR




     BRANCH MANAGER

                                   ...RESPONDENTS
(BY SRI. VACHAN H U, ADVOCATE FOR
 SMT. KAVITHA DAMODARAN, ADVOCATE FOR C/R1 TO R3)

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET
ASIDE THE ORDER ON I.A. NO.18 DATED 19.10.2024 PASSED
BY THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AT BANGALORE (CCH-86) IN COM.O.SNO.64/2022
(ANNEXURE H) AND ETC.


    THIS APPEAL, COMING ON FOR ORDERS, 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 counsel appearing for the appellant submits that

the present appeal may be dismissed as not pressed. The

appellant also seeks liberty to file a writ petition.

2. We are unable to grant any liberty. However, we clarify

that the withdrawal of the present appeal would not preclude

the appellant from availing any other remedy, if otherwise

available in law.

NC: 2025:KHC:41427-DB

HC-KAR

3. The present appeal is dismissed as not pressed with the

aforesaid observations.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE

BS