IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR COMAP NO.1 OF 2019 BETWEEN:
1. M/S. MANIPAL ACADEMY OF HIGHER EDUCATION A PUBLIC TRUST HAVING ITS REGISTERED OFFICE AT MADHAV NAGAR MANIPAL – 576 104 KARNATAKA REPRESENTED BY ITS TRUSTEE DR.H.S.BALLAL 2. MANIPAL ACADEMY OF HIGHER EDUCATION (DEEMED UNIVERSITY) MADHAV NAGAR, MANIPAL KARNATAKA – 576 104 REPRESENTED BY ITS AUTHORIZED SIGNATORY DR.NARAYANA SABHAHIT (BY SRI UDAY HOLLA, SENIOR ADVOCATE FOR SMT.MEGHA MEHTA AGARWAL, ADVOCATE) AND:
1. MANIPAL INTERNATIONAL SCHOOL CHANDAPURA – ANEKAL RD. SURYANAGAR PHASE I ELECTRONIC CITY ... APPELLANTS BENGALURU – 560 099 REPRESENTED BY ITS DIRECTOR 2. MANIPAL E-COMMERCE LIMITED HAVING ITS REGISTERED OFFICE AT N-701, NORTH BLOCK MANIPAL CENTRE 47 DICKENSON ROAD BENGALURU KARNATAKA – 560 042 3. T.SUDHAKAR PAI N – 701, NORTH BLOCK MANIPAL CENTRE 47 DICKENSON ROAD BENGALURU KARNATAKA – 560 042 ... RESPONDENTS (SRI ASHOK G.V., ADVOCATE FOR RESPONDENT NO.3 RESPONDENT NOS.1 AND 2 - SERVED) ---
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLIII OF CPC, 1908, PRAYING TO MODIFY THE EX PARTE AD INTERIM ORDER DATED 21.02.2019 PASSED IN O.S.NO.1244/2019 (ANNEXURE-A) ON THE FILES OF THE HON’BLE CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) (CCH-83) AT BENGALURU, AND ALLOW AND GRANT ORDERS AS PRAYED FOR IN I.A.NOS.I, II AND IV UNTIL THE DISPOSAL OF THE SUIT; AND FURTHER GRANT EX-PARTE AD INTERIM ORDERS AS PRAYED FOR IN I.A.NOS.I, II AND IV IN O.S.NO.1244/2019 PENDING APPEARANCE OF THE RESPONDENTS AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER This Commercial Appeal is filed seeking modification of the order dated 21.02.2019 passed in O.S.No.1244/2019 and to allow the applications made for temporary injunction until disposal of the suit.
2. Heard Shri Uday Holla, learned Senior Advocate for the appellants/plaintiffs and Shri Ashok G.V., learned advocate for respondent No.3.
3. On the basis of the submissions made by learned advocates for both the parties, it is clear that pleadings are complete and the next date of hearing is 23.04.2019. Both parties are strongly contesting the matter. The Trial Court has granted temporary relief in part.
4. Therefore, in our considered view, it would be appropriate for the parties to move the learned Trial Judge for disposal of interim applications, as any finding recorded by us will be binding on the Trial Court.
5. In the circumstances, we dispose of this appeal with a direction to the learned Trial Judge to dispose of the inter-locutary applications and pass appropriate orders in accordance with law.
6. Liberty is reserved to both parties to make an application for advancement of hearing of the suit. If such an application is made, learned Trial Judge shall consider the same and dispose of the inter-locutary applications for temporary injunction on day to day basis before Summer Vacation.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB