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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Krishil Capital Holdings Private Limited – Appellant
Versus
Primeco Realty Private Limited – Respondent
ORDER :
S.R.KRISHNA KUMAR, J.
W.P.No.36990/2025 and W.P.No.33216/2025 are preferred by the plaintiff in Commercial O.S.No.1655/2025, while W.P.No.750/2026 and W.P.No.760/2026 are preferred by the defendant Nos.1 to 5. Since the subject matter of all the four writ petitions arises out of Com.O.S.No.1655/2025, all the petitions are disposed of by this common order.
2. Heard learned Senior Counsel for the petitioner and learned Senior Counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the plaintiff, instituted a commercial suit in Com.O.S.No.1655/2025 on the file of LXXXIII Additional City Civil and Sessions Judge, Commercial Court, seeking various reliefs. Along with the suit, the plaintiff filed four interlocutory applications i.e., I.A.Nos.1 to 4 for ad-interim exparte order of temporary injunction. By order dated 29.11.2025, the trial Court passed an ex parte order of temporary injunction on I.A.Nos.1 and 2 and declined to grant ad-interim ex- parte order of temporary injunction on I.A.Nos.3 and 4 and directed issuance of emergent notice and suit summons to the defendants. The defendants having entered appearance o
The court can direct advancements in the hearing schedule of commercial suits to ensure timely resolution of interlocutory applications and procedural matters.
The Commercial Courts Act mandates pre-institution mediation only for suits that do not seek urgent interim relief. Courts must assess the necessity for such relief based on the facts presented.
Procedural fairness in judicial orders is essential; orders issued without proper notice and opportunity to the affected parties are unsustainable in law.
The main legal principle established is the Court's authority to direct expedited proceedings in a suit and ensure timely disposal.
Section 15 of Act, 2015 deals with transfer of pending cases.
The Commercial Courts Act does not preclude the applicability of Order IX Rule 7 of CPC, allowing defendants to set aside exparte orders.
The court affirmed the right to further cross-examine a witness under specific conditions, emphasizing adherence to procedural timelines to prevent delays in the resolution of cases.
The judgment emphasizes the importance of substantial justice over technical considerations and highlights the need to consider the circumstances and record of the case before concluding on a party's....
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