Authority: High Court of Karnataka at Bengaluru
Order Date: 25 June 2026
Case Overview
- Parties: Petitioners – DTWELVE ACCOMMODATIONS PRIVATE LIMITED (CIN U55900DL2025PTC440780) and DTWELVE SPACES PRIVATE LIMITED (CIN U45309DL2017PTC313505), represented by authorized signatory Mr. Vincent Paul S.; Respondents – NARAYANA HRUDAYALAYA LIMITED (CIN L85110KA2000PLC027497) represented by its Director Dr. Nitin Manjunath, and NARAYANA HRUDAYALAYA FOUNDATION represented by trustee Mr. Viren Prasad Shetty.
- Petition filed under Articles 226 and 227 of the Constitution, Writ Petition No.15281 of 2026 (GM‑CPC), seeking to set aside and quash the order dated 28 April 2026 passed by the XI Additional District & Sessions Judge (Commercial Court), Bengaluru Rural, which issued suit summons and an emergent notice on IA No.1 and 2 without considering the petitioners’ applications for an ex‑parte ad‑interim injunction.
- Counsel for petitioners (Sri. Bharathkumar V., Advocate for Sri. H. Pavanachandra Shetty) argued that the trial court was obligated under Order XXXIX Rules 1 and 2 of the CPC to decide the interim injunction applications before issuing any notice, relying on the Coordinate Bench judgment in Dhalitha Vividha Gramodyoga Kaigarika Sahakara Sanga Niyamitha (R) Vs Samatha Sainika Dal SSD, WP No.35488/2025 dated 09.12.2025, and on Karnataka State Cricket Association vs. Mr. Shashidhara A.V., WP No.33725/2025 (17.11.2025), among other precedents.
- The High Court noted that the trial court had neither granted nor rejected the ex‑parte injunction applications and had proceeded to issue summons, which is contrary to established jurisprudence.
Final Outcome
- The Court directed the trial court to hear IA No.1 and IA No.2 on 29 June 2026 and to dispose of them in accordance with law.
- The writ petition was disposed of; pending interim applications in the petition stand closed.
- No notice or adverse order was issued against the respondents.
Topics: Judicial Procedure, Interim Injunction, Civil Procedure