MFA No. 4175 of 2019

HC-KAR AND 1 OTHER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL NO.4174 OF 2019 (IPR)

C/W

MISCELLANEOUS FIRST APPEAL NO.4173 OF 2019 (IPR) MISCELLANEOUS FIRST APPEAL NO.4175 OF 2019 (IPR) MISCELLANEOUS FIRST APPEAL NO.4176 OF 2019 (IPR)

IN MFA NO.4174/2019

BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED

CIN: U63023KA2014PTC073755

A COMPANY REGISTERED UNDER THE

PROVISIONS OF THE COMPANIES ACT, 2013

HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797) “ANNAPOORNA”

10^TH MAIN ROAD, 4^TH BLOCK,

JAYANAGAR, BENGALURU-560 011,

Digitally signed by

REPRESENTED HEREIN BY ITS DIRECTOR,

MAHALAKSHMI B M

MR. M. SATISH KUMAR

Location: HIGH

COURT OF S/O LATE MR. MARIYAPPA

KARNATAKA AGED ABOUT 48 YEARS. …APPELLANT

(BY SRI PRADEEP S. SAWKAR, ADVOCATE)

AND:

1. MSK COURIER & CARGO PRIVATE LIMITED

CIN: U74999PN2016PTC164833

A COMPANY INCORPORATED UNDER THE

PROVISIONS OF THE COMPANIES ACT, 2013

HAVING ITS REGISTERED OFFICE AT:

C-503, ANAND RESIDENCY,

PLOT NO.C NEAR CITY PRIDE THEATRE,

MFA No. 4175 of 2019 HC-KAR AND 1 OTHER KOTHRUD PUNE, MAHARASHTRA-411038 REPRESENTED HEREIN BY ITS DIRECTOR MR. SANJEEV KAMAL CHOUDHARY. 2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY PLOT NO.C NEAR CITY PRIDE THEATERE, KOTHRUD PUNE, MAHARASHTRA-411038. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 07.02.2019 PASSED ON I.A. NO.3 IN O.S.NO.4610/18 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.3 FILED U/O.39 RULE 1&2 R/W SECTION 151 OF CPC.

IN MFA NO.4173/2019 BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN:U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT:

NO.72, (OLD NO.797), “ANNAPOORNA”

10^TH MAIN ROAD, 4^TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR, MR. M. SATISH KUMAR S/O LATE MR. MARIYAPPA AGED ABOUT 48 YEARS. ...APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE)

AND:

1. MSK COURIER & CARGO PRIVATE LIMITED CIN:U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE MFA No. 4175 of 2019 HC-KAR AND 1 OTHER PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT:

C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411 038 REPRESENTED HEREIN BY ITS DIRECTOR, MR. SANJEEV KAMAL CHOUDHARY.

2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038. ...RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 07.02.2019 PASSED ON IA NO.2 IN O.S.NO.4610/2018 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.10), DISMISSING IA NO.2 FILED U/O.39 RULE 1&2 R/W SECTION 151 OF CPC.

IN MFA NO.4175/2019 BETWEEN:

MSK WORLDWIDE EXPRESS PRIVATE LIMITED CIN:U63023KA2014PTC073755 A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.72, (OLD NO.797) “ANNAPOORNA”

10^TH MAIN ROAD, 4^TH BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED HEREIN BY ITS DIRECTOR, MR. M. SATISH KUMAR S/O LATE MR. MARIYAPPA, AGED ABOUT 48 YEARS. ...APPELLANT (BY SRI PRADEEP S. SAWKAR, ADVOCATE)

MFA No. 4175 of 2019 HC-KAR AND 1 OTHER AND:

1. MSK COURIER & CARGO PRIVATE LIMITED CIN: U74999PN2016PTC164833 A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT:

C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411038 REPRESENTED HEREIN BY ITS DIRECTOR MR. SANJEEV KAMAL CHOUDHARY.

2. SANJEEV KAMAL CHOUDHARY S/O MR. KAMAL FUDAR CHOUDHARY AGED ABOUT 45 YEARS, HAVING IS PLACE OF BUSINESS AT C-503, ANAND RESIDENCY, PLOT NO.C NEAR CITY PRIDE THEATRE, KOTHRUD PUNE, MAHARASHTRA-411 038. ...RESPONDENT