IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.Krishna Kumar, J.
Krishil Capital Holdings Private Limited - Petitioner
Versus
Primeco Realty Private Limited - Respondent
Writ Petition No. 36990 of 2025 (GM-CPC), Writ Petition No. 39216 of 2025 (GM-CPC), Writ Petition No. 750 of 2026 (GM-CPC), Writ Petition No. 760 of 2026 (GM-CPC)
Decided On : 14-01-2026
| Table of Content |
|---|
| 1. writ petitions arise from commercial suit. (Para 1 , 3) |
| 2. court's observations on pending applications. (Para 2 , 5) |
| 3. joint submission for expedited hearing. (Para 4) |
| 4. final orders and directions issued. (Para 6) |
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 on 19.12.2025, sought for time to file written statement and objections and the matter was adjourned to 05.01.2026 and thereafter, to 07.01.2026 and the matter currently stands posted to 30.01.2026.
4. Learned Senior Counsel for both sides jointly submit that since I.A.Nos.1 to 4 filed by the plaintiff, which are being opposed/contested by the respondent are still pending consideration before the trial Court, which has posted the matter to 30.01.2026, all the four petitions may be disposed of directing the Commercial Court to prepone/advance the suit from 30.01.2026 to 19.01.2026 and to direct the Commercial Court to dispose of all four applications- I.A.Nos.1 to 4 in accordance with law within a stipulated time frame by leaving open all contentions.
5. In view of the joint submissions made by both sides, I deem it just and appropriate to dispose of the petition by issuing certain directions:
6. In the result, I pass the following:
ORDER
i) All four petitions in W.P.No.36990/2025, W.P.No.33216/2025, W.P.No.750/2026 and W.P.No.760/2026 are hereby disposed of.
ii) The Commercial Court is hereby directed to prepone Com.O.S.No.1655/2025 from 30.01.2026 to 19.01.2026.
iii) Both parties are directed to file appropriate application before the Commercial Court seeking preponement/advancement of the suit from 30.01.2026 to 19.01.2026 as stated supra.
iv) The Commercial Court shall hear both sides and dispose of all four applications. I.A.Nos.1 to 4 in accordance with law within a period of 2 weeks from 19.01.2026.
v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
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.
Trial Court must act on the direction of the High Court to dispose of pending matters expeditiously.
The main legal principle established is the Court's authority to direct expedited proceedings in a suit and ensure timely disposal.
The judgment underscores the importance of expediting judicial processes to enhance efficiency in resolving interim applications.
The need for timely resolution of interim injunction applications as per Article 227 of the Constitution of India was established, emphasizing that ex parte injunctions must be addressed promptly.
The failure to provide sufficient justification for stay orders leads to a lack of procedural fairness; amendments to pleadings are necessary for an adjudication process.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.