M/S. DIVYARAMA TALKIES PRIVATE LIMITED v. IDEA BAAZ TECH PRIVATE LIMITED
Court: High Court of Karnataka
Bench: PRADEEP SINGH YERUR
Judgment date:
Case summary
High Court of Karnataka judgment dated 2025-12-18. M/S. DIVYARAMA TALKIES PRIVATE LIMITED v. IDEA BAAZ TECH PRIVATE LIMITED. Read the judgment and case...
Judgment text
- 1 - WP No. 38463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 18 DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 38463 OF 2025 (GM-CPC) BETWEEN: M/S. DIVYARAMA TALKIES PRIVATE LIMITED REP. BY ITS DIRECTOR OFFICE AT NO. 240, SRI VENKATESHWARA COMPLEX, SRI P K RAMACHANDRA GOWDA SACHIDANANDA NAGAR BEML LAYOUT TH 5 STAGE, RAJARAJESHWARI NAGAR BANGALORE, KARNATAKA INDIA- 560 098. …PETITIONER (BY SRI. ABHINAY Y. T. , ADVOCATE FOR SRI. KARTHIK V. ,ADVOCATE) AND: 1. IDEA BAAZ TECH PRIVATE LIMITED UNIT NO. 505, MORYA, LANDMARK II, NEW LINK ROAD, MUMBAI, ANDHERI (WEST), MAHARASHTRA 400053, Digitally signed by REPRESENTED BY ITS DIRECTORS. GAVRIBIDANUR SUBRAMANYA SAGOON BHARGAV WAGH, GUPTA DIRECTOR, IDEA BAAZ TECH PRIVATE LIMITED SREENATH Location: HIGH UNIT NO. 505, MORYA COURT OF LANDMARK II, NEW LINK ROAD KARNATAKA MUMBAI, ANDHERI (WEST) MAHARASHTRA 400 053 2.
SAGOON BHARGAV WAGH, DIRECTOR, IDEA BAAZ TECH PRIVATE LIMITED UNIT NO. 505, MORYA LANDMARK II, NEW LINK ROAD - 2 - WP No. 38463 of 2025 MUMBAI, ANDHERI (WEST) MAHARASHTRA 400 053 3. JEET SAGOON WAGH, DIRECTOR, IDEA BAAZ TECH PRIVATE LIMITED UNIT NO. 505, MORYA, LANDMARK II NEW LINK ROAD, MUMBAI ANDHERI (WEST)] MAHARASHTRA 400 053 4. YAJNESHA SHETTY, DIRECTOR IDEA BAAZ TECH PRIVATE LIMITED UNIT NO. 505, MORYA, LANDMARK II NEW LINK ROAD, MUMBAI ANDHERI (WEST) MAHARASHTRA 400 053 5. M/S. KUBERIAN ENTERTAINMENT PVT. LTD. , OFFICE-UNIT 505, MORYA LANDMARK II NEW LINK ROAD, OPP. INFINITY MALL ANDHERI (WEST), MUMBAI MAHARASHTRA INDIA-400 005 BY ITS DIRECTORS. 6. M/S. KUBERANS HOUSE STARTUP EDUCATION PRIVATE LIMITED HOUSE NO. F-5/S-5, FONTSABHAT MERCES SANTA CRUZ, NORTH GOA TISWADI, GOA INDIA 403 005 REP. BY ITS DIRECTORS. 7. ZEE ENTERTAINMENT ENTERPRISES LTD. OFFICE AT ITS PARENT COMPANY ZEE ENTERTAINMENT ENTERPRISES LTD.
TH OFFICE UNIT 18 FLOOR, A-WING MARATHON FUTUREX, N M JOSHI MARG LOWER, BDD CHAWL LOWER PAREL, MUMBAI MAHARASHTRA 400 013. - 3 - WP No. 38463 of 2025 8. ZEE TV HINDI, OFFICE AT ITS PARENT COMPANY ZEE ENTERTAINMENT ENTERPRISES LTD. , TH OFFICE-UNIT 18 FLOOR, A-WING MARATHON FUTUREX NM JOSHI MARG, LOWER, BDD CHAWL, LOWER PAREL MUMBAI, MAHARASHTRA 400 013 REP. BY ITS CEO. 9. ZEE 5 PLATFORM, OFFICE AT ITS PARENT COMPANY ZEE ENTERTAINMENT ENTERPRISES LTD. TH OFFICE-UNIT 18 FLOOR, A-WING MARATHON FUTUREX, NM JOSHI MARG LOWER, BDD CHAWL LOWER PAREL, MUMBAI MAHARASHTRA 400 013 REP. BY ITS CEO. 10. WIZ CRAFT INTERNATIONAL BENGALURU BRANCH, TH 2147, 17 MAIN ROAD ND ND 2 CROSS ROAD, HAL 2 STAGE INDIRANAGAR BENGALURU 560 008, INDIA REP. BY ITS CEO. 11. HOUSE OF CHEER NETWORKS PVT. LTD. , (INDIA), HOUSE OF CHEER NETWORKS ADAPT KC MARG, BANDRA WEST MUMBAI 400 050 REP. BY ITS DIRECTOR/CEO. 12.
YOUR STORY MEDIA, ND OFFICE AT 2 MAIN, INDIRANAGAR BINNAMANGALA, STAGE 1, 259 TH ST 6 CROSS ROAD, 1 STAGE INDIRANAGAR BENGALURU, KARNATAKA 560 038 BY ITS DIRECTOR/CEO. - 4 - WP No. 38463 of 2025 13. IITM GLOBAL, ND OFFICE AT 2 FLOOR SUDHA AND SHANKAR INNOVATION HUB INDIAN INSTITUTE OF TECHNOLOGY MADRAS, CHENNAI 600 036 REP. BY ITS DIRECTOR/CEO. 14. TURBOSTART GLOBAL EVENTS, REGISTERED ADDRESS 101, HAUDIN HOUSE NO. 5, HAUDIN ROAD NA BENGALURU 560 042, REP. BY ITS DIRECTOR/CEO. … RESPONDENTS THIS WP IS FILED UNDER ARTICLE PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE ORDER DATED 16. 12. 2025 IN O S NO. 8249/2025 ON THE FILE OF XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-E, THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner. 2.
Parties are referred to as per their ranking before the trial Court. 3. The petitioner/plaintiff filed the suit for Permanent Injunction against the respondents/defendants in O. S. No. 8249/2025. Alongwith the suit, the plaintiff filed I. A. No. 1 - 5 - WP No. 38463 of 2025 under Order XXXIX Rules 1 & 2 of CPC for an ad-interim order of Temporary Injunction. The petitioner/plaintiff being aggrieved by non-passing of order on I. A. No. 1 is before this Court in the present petition. 4. Though the present petition is filed praying to set aside the impugned order dated 16. 12. 2025, during the course of arguments, learned counsel for petitioner has filed a memo restricting his prayer for a direction to the trial Judge to consider and dispose of the application filed under Order XXXIX Rules 1 & 2 of CPC. The memo is accepted. 5.
This Court does not find any need or necessity to issue notice to the respondents/defendants as this Court is not inclined to pass any adverse order against the respondents/defendants. 6. On perusal of the order sheet maintained by the trial Court, it is seen that the learned trial Judge ordered notice to the caveator and all the defendants vide order dated 24. 11. 2025. A memo is filed on 29. 11. 2025 by the plaintiff stating about service of plaint copy and I. A. to the caveator. - 6 - WP No. 38463 of 2025 The defendant Nos. 1 to 3 entered appearance through the learned counsel on 2. 12. 2025 and filed objections to I. A. No. 1. The matter was heard for some time and Court felt the need to refer the matter for settlement. Accordingly, the matter was adjourned to 8. 12. 2025 for reporting settlement. 7. When the matter came up before the Lok Adalat on 8. 12. 2025, the plaintiff and his counsel as well as learned counsel for defendant Nos. 1 to 3 were present and defendant Nos.
2 and 3 were absent. The petitioner/plaintiff was directed to serve copy to the defendants and the matter was referred back to the Court. 8. When the matter came up before the Court on 16. 12. 2025, plaintiff and his counsel as well as learned counsel for defendant Nos. 1 to 3 are present and a memo was filed by plaintiff stating that he served copies through mail. At that stage, learned trial Judge again issued summons to the defendants though defendants were already served and filed objections to I. A. - 7 - WP No. 38463 of 2025 9. Under the circumstances, the trial Court ought to have considered I. A. No. 1 filed under Order XXXIX Rules 1 & 2 of CPC and proceeded to pass orders by hearing the plaintiff as well as the defendants or in the absence of the defendants by hearing the plaintiff and objections to I. A. No. 1 filed by the defendants and pass suitable orders, in view of the urgency expressed by the plaintiff, which has not been done in the present case.
Therefore, I deem it appropriate to show indulgence in the matter. 10. Accordingly, I pass the following: O R D E R i) The matter is remitted to the trial Court to consider I. A. No. 1 filed under Order XXXIX Rules 1 & 2 of CPC in O. S. No. 8249/2025 and pass suitable orders in accordance with law within a period of 15 days from the date of receipt of copy of the order. ii) The petition is accordingly disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No. : 2 Sl No. : 3
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