Karnataka High Court
CCC/744/2023 of STOVE KRAFT LIMITED Vs PIGEON INDUSTRIES PRIVATE LIMITED on 22 September 2026
CNR: KAHC010388132023 NC: 2026:KHC:52061-DB CCC No. 744 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 744 OF 2023 BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
CIVIL CONTEMPT PETITION NO. 744 OF 2023
BETWEEN:
1.
STOVE KRAFT LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT NO 81/1, MEDAMARANHALLI, HAROHALLI, KANAKAPURA TALUK, RAMNAGARA DISRICT 562112
REPRESENTED HEREIN BY ITS
AUTHORIZED SIGNATORY.
MR. DUSHYANT M
AGED 32 YEARS
…COMPLAINANT
(BY SMT. USHA FOR SRI. SHUJATH AHMED., ADVOCATE)
AND:
1.
PIGEON INDUSTRIES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
NO 66, VYSARPADI CO OP
INDUSTRIAL ESTATE,
ERUKANCHERI HIGH ROAD,
CHENNAI 600039,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR KALPESH JAIN
Digitally signed
by VASANTHA
KUMARY B K
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
2.
M/S SREE MUKESH MARKETING
HAVING ITS REGISTERED OFFICE AT
NO.1, RAJAH ANNAMALAI ROAD,
PURASAWALKAM, CHENNAI-600084
REPRESENTED BY ITS PARTNERS
MR.KALPESH JAIN
3.
MR KALPESH JAIN
PARTNER AT
M/S SREE MUKESH MARKETING
HAVING ITS REGISTERED OFFICE
AT NO.1, RAJAH ANNAMALAI ROAD,
PURASAWALKAM, CHENNAI
TAMIL NADU-600084
4.
MR PRASHANT JAIN
PARTNER AT
M/S SREE MUKESH MARKETING
HAVING ITS REGISTERED OFFICE
AT NO.1, RAJAH ANNAMALAI ROAD,
PURASAWALKAM, CHENNAI
TAMIL NADU-600084
…ACCUSED
(BY SMT. SUMEDHA SRINATH FOR
SRI. SANJAY H SETHIYA FOR A1-A4 (A/W COPY OF BOARD
RESOLUTION AND GPA COPY)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA, R/W SECTIONS 10, 11 AND 12 OF
THE
CONTEMPT
OF
COURTS
ACT,
1971,
BY
THE
COMPLAINANT, WHERE IN HE PRAYS THAT THE HON'BLE
COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS
AGAINST
THE
CONTEMNORS
AND
PUNISH
THEM
IN
ACCORDANCE WITH LAW FOR HAVING WILLFULLY BREACHED
AND DISREGARDED THE ORDER DATED 23.5.2023 PASSED BY
HONBLE HIGH COURT OF KARNATAKA IN WP NO.7393/2023
AND THE ORDER DATED 9.12.2022 PASSED BY THE HON'BLE
CITY
CIVIL
COURT,
BENGALURU
IN
OS
NO.6765/2022.(ANNEXURE A AND B) ETC.
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
Citations and Judicial Treatment
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
Heard Smt. Usha, learned counsel for the complainant.
2. The present contempt petition has been filed for the alleged non-compliance or willful disobedience of the judgment and order dated 23.05.2023 in W.P.No.7393/2023.
3. Learned counsel appearing for the complainant submits that, in terms of Clause 2 of the Memorandum of Understanding dated 21.12.2007, the alleged contemnor, M/s. Sree Mukesh Marketing, was entitled to sell only such goods as were handed over from the godown. It is contended that the alleged contemnor has violated the said undertaking by selling goods outside the scope thereof and by selling goods other than those handed over to it.
4. We have considered the submissions made by learned counsel for the complainant.
HC-KAR
5. On perusal of the judgment and order dated 23.05.2023, we do not find any such negative covenant or direction contained therein, the alleged violation which is complained of in this contempt petition. The present contempt petition is wholly misconceived. Accordingly, the contempt petition is dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
RKA CT:SN List No.: 1 Sl No.: 5