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Syed Waseem Ahmed v/s M/s. Myriad Business Advisor LLP, Represented by its Partner, Malvika Toprani, Maharastra & Others

    M.F.A No. 863 of 2021 [CPC]

    Decided On, 03 June 2021

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR

    For the Appellant: Sreevathsa, Senior Counsel, Irfana Nazeer, Advocate. For the Respondents: R3 & R4, K.V. Narasimhan, B. Manjunath, Advocates.



Judgment Text

(Prayer: This MFA filed Under Order 43 Rule 1(R) r/w Section 104 of CPC, against the order dated 19.01.2021 passed in O.S.No.4019/2020 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru, dismissing the I.A.No.1 filed Under Order 39 Rule 1 and 2 r/w Section 151 of CPC.)

1. This appeal by the plaintiff in O.S.No.4019/2020 is directed against the impugned order dated 19.01.2021 passed on I.A.1 filed by the plaintiff on the file of XIX Addl.City Civil and Sessions Judge, Bengaluru City (CCH-18) (for short 'the trial Court), whereby the trial Court dismissed the said application I.A.No.1 filed by the plaintiff, thereby vacating ad- interim temporary injunction passed in favour of plaintiff by imposing cost of Rs.500/-.

2. On 15.02.2021, this Court passed the following interim order:-

"Two weeks time is granted for compliance of office objections.

Learned counsel for caveator/respondent No.3 seeks time to file statement of objections. Re-list this matter during the second week of March 2021.

In the meanwhile, respondents are restrained from taking possession of the schedule property detailed herein below:-

"A car bearing registration No.MH-01-CQ-200, Model: 2019, Manufacturer: Lamborgini, Model : Huracan Coup RWD, Chassis No: ZHWEC2ZF6KLA12052, Engine No: DKB002365, Colour: Rosso Mars Red."

The appellant is permitted to use, operate and enjoy the schedule property mentioned above without any interference, hindrance, interruption and impediment from the respondents or any one else till the next date of hearing."

3. The aforesaid interim order continues to be in force and is operative between the parties even as on today.

4. After hearing the learned Senior Counsel for appellant and learned counsel for contesting respondent Nos.3 and 4, I am of the considered view that without expressing any opinion on the merits/demerits on the rival contentions, the appeal deserves to be disposed of by setting aside the impugned order passed by the trial Court, subject to making an interim arrangements, which shall remain in force during the pendency of the suit in O.S.No.4019/2020 before the trial court.

5. In the result, I pass the following:-

ORDER

(i) Appeal is hereby disposed of.

(ii) The impugned order dated 19.01.2021 passed in O.S.No.4019/2020 on the file of XIX Addl.City Civil and Sessions Judge, Bengaluru is hereby set aside.

(iii) The interim order dated 15.02.2021 passed by this Court shall continue to remain in force during the pendency of the suit in O.S.No.4019/2020, subject to the following conditions:-

(a) Learned counsel for the appellant and learned counsel for respondents 3 and 4 shall jointly inspect the suit car and make a video graph of the said car in its entirety covering the body of the car both from outside and inside, also showing the engine No, Chassis number and also the condition of the car, i.e., it is in running condition or not, including the speedometer showing the mileage/kilometer reading revealing how much it has run as on the date of inspection.

(b) The plaintiff/appellant shall not run the suit car till the disposal of the suit by the Trial Court and shall not take it outside of the place where it has been parked at the time of inspection.

(c) The plaintiff/appellant shall not in any way tamper/meddle/remove any parts of the suit car.

(d) The GPS functioning shall be restored forthwith.

(e) The plaintiff/appellant shall not encumber the suit car in any manner

(f) Any violation of the above condition, shall forthwith disentitle plaintiff/appellant to benefit of this order and he shall be liable to deliver the suit car to defendant no.3 and 4 forthwith and any damage is caused to the suit car, the same shall be quantified and the plaintiff/appellant shall be liable to pay the damages to the defendants No.3 and 4.

(iv) Learned counsel Smt.Parvathi Nayak and Sri.Mohammad Siddiqui on behalf of the appellant will accompany Sri.B.Manjunath, learned counsel for Caveator/respondent Nos.3 and 4 to Premises No.1/1, Benson Cross Road, Benson Town, Bangalore-560 046 on 06.06.2021 at 11.00 a.m. to conduct inspection of the said car bearing registration No.MH-01-CQ-200, Model: 2019, Manufacturer: Lamborgini, Model : Huracan Coup RWD, Chassis No: ZHWEC2ZF6KLA12052, Engine No: DKB002365, Colour: Rosso Mars Red, which is presently situated/located in the said premises of the appellant.

(a) After completion of the said inspection by learned counsel for the appellant and learned counsel for Caveator/respondent Nos.3 and 4, CD and photographs of the said car and the details of the car as enumerated in condition No.(a) supra, shall be furnished to this Court within a period of one week from 06.06

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.2021 with an appropriate memo. (v) The trial Court is directed to dispose of the said suit as expeditiously as possible and at any rate on or before 31.08.2021 without being influenced by the findings/observations recorded in the impugned order. (vi) All rival contentions between the parties are kept open and no opinion is expressed on the same and this order is passed without prejudice to the rights and contentions of the parties. Subject to the aforesaid directions, the appeal stands disposed of.
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