Karnataka High Court
WP/37032/2025 of M/S J R CHEMICALS Vs SUMMIT CORPORATION on 7 August 2026
CNR: KAHC010790512025 NC: 2026:KHC:41835 WP No. 37032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 37032 OF 2025 (GM-CPC) BETWEEN: M/S J R CHEMICALS A SOLE PROPRIETARY CONCERN, HAVING
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 37032 OF 2025 (GM-CPC)
BETWEEN:
M/S J R CHEMICALS
A SOLE PROPRIETARY CONCERN,
HAVING OFFICE AT NO. 69/5, L NO. 3,
MEENAKSHI KOIL STREET CROSS,
BENGALURU 560 051,
REPRESENTED BY ITS PROPRIETOR,
MR. MOHAMMED JUNAID.
…PETITIONER
(BY SMT. ADITHI S, ADVCOATE FOR
SRI. SYED KHAMRUDDIN, ADVOCATE)
AND:
SUMMIT CORPORATION
A SOLE PROPRIETARY CONCERN,
HAVING OFFICE AT NO. 30,
3RD A CROSS,
DOMLUR, 2ND STAGE,
INDIRANAGAR,
BENGALURU 560 071,
REPRESENTED BY ITS PROPRIETOR,
MR. S SANTHANAM.
…RESPONDENT
(BY SMT. POONAM S. PATIL, ADVOCATE FOR C/R1)
Digitally
signed by
BHARATHI S
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER SETTING-ASIDE THE ORDER DATED 18.11.2025 ON
I.A. NO. 4 FILED BY THE RESPONDENT UNDER SECTION 51 (C)
READ WITH ORDER 21 RULES 37 AND 38 OF CPC IN COM. EX.
907/2025 PASSED BY THE HON'BLE COMMERCIAL COURT, 88TH ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU
CITY (CCH NO. 89) ISSUING WARRANT OF ARREST OF THE
PETITIONER (ANNEXURE - A).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed calling in question, the order dated 18.11.2025 and 25.11.20251 passed on IA.No.4 in Commercial Execution No.907/2025 passed by the 88th Additional City Civil and Sessions Judge, Bengaluru City (CCH No.89)2. Vide the impugned order, arrest warrant has been issued to the judgment debtor.
2. Learned counsel Smt.Adithi appearing for Sri Syed Khamaruddin, learned counsel for the petitioner and Smt.Poonam Patil, learned counsel for the respondent jointly 1 hereinafter referred to as the 'impugned order' 2 hereinafter referred to as 'the Commercial Court'
HC-KAR
submit that a settlement has been arrived at between the parties before the Commercial Court and a portion of the amounts in terms of the said settlement has been paid. That the Execution Petition before the Commercial Court is pending for further payments to be made in terms of the settlement between the parties.
3. In view of the fact that the settlement is underway between the parties, the impugned orders dated 18.11.2025 and 25.11.2025 for arrest of the judgment debtor are set aside, reserving liberty to the respondent - decree holder to take further steps in accordance with law, in the event, the settlement is not completed as contemplated between the parties.
4. Accordingly, the writ petition is allowed.
SD/- (C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 31