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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
| 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 injuncti
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.
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