Authority: High Court of Karnataka at Bengaluru
Order Date: 13 July 2026
Case Overview
- Petition filed by Exergic Education Pvt. Ltd., represented by its director Mr. Chandresh Kumar Mahajan, seeking to set aside the order dated 01‑08‑2025 that refused permission to issue suit summons by email.
- Respondent: Nishanth Kumar, resident of Damodarpur, Muzaffarpur, Bihar.
- The impugned order was passed by the XIX Additional City Civil and Sessions Judge, Bengaluru (CCH‑18) in O.S. No. 3092/2024 on an interim application (I.A.) under Order V read with Section 151 of the Code of Civil Procedure (CPC).
- The petitioner relied on a prior coordinate‑bench judgment of this Court (W.P. No. 35488/2025 dated 09‑12‑2025) which emphasized that a trial court must consider applications for ad‑interim ex‑parte temporary injunctions and cannot merely issue notice.
- The petitioner also cited High Court circulars, particularly the circular dated 17‑02‑2025 and the later circular dated 17‑12‑2025, which permit service of summons by email when procedural requirements are satisfied.
- Arguments highlighted that after an interim injunction was granted, the petitioner had emailed the respondent, who acknowledged the proceedings but deliberately refused to receive formal notice.
- The petitioner contended that the trial court failed to consider the IA filed under Order V r/w Section 151 CPC and the applicable circulars.
Final Outcome
- The order dated 01‑08‑2025 in O.S. No. 3092/2024 is set aside.
- The trial court is directed to consider the IA filed under Order V r/w Section 151 CPC, seeking issuance of suit summons by email in accordance with the High Court circular dated 17‑12‑2025, and to pass appropriate orders within one week of receiving a copy of this order.
- The writ petition is allowed.
- Any pending IAs, if any, shall stand closed.
- The matter is scheduled for further hearing on 15‑07‑2026.
Topics: Civil Procedure, Electronic Service of Summons