WP/32943/2024 of M/S KAM SOURCING INDIA Vs M/S EMIRATE FASHIONS PVT LTD on 7 August 2026

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. 32943 OF 2024 (GM-CPC)

BETWEEN:

1.

M/S KAM SOURCING INDIA

REP/BY ITS PROPRIETOR,

MUKUNDA NAIK,

AGED ABOUT 57 YEARS

AT 2ND FLOOR, NO 4,

SSR NEST NEAR TATA NAGAR,

BESCOM OFFICE, KODIGEHALLI,

SAHAKARA NAGAR POST,

BENGALURU-560092.

REP BY PROPRIETOR CONCERN

2.

MUKUNDA NAIK,

AGED ABOUT 57 YEARS

AT 2ND FLOOR, NO. 4,

SSR NEST 57 YEARS

NEAR TATA NAGAR,

BESCOM OFFICE,

KODIGEHALLI,

SAHAKARA NAGAR POST,

BENGALURU-560092.

…PETITIONERS

(BY SRI. ANISH RAM D, ADVOCATE FOR

SRI. KRISHNAMOORTHY D, ADVOCATE)

Digitally

signed by

BHARATHI S

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

AND:

1.

M/S EMIRATE FASHIONS PVT LTD

HAVING ITS REGISTERED OFFICE,

AT NO.2, 2ND FLOOR,

ABOVE KUNDAN ELECTRONICS,

THIMMAIAH GARDEN,

DEVE GOWDA ROAD,

R.T. NAGAR, BENGALURU-560032

REPRESENTED BY ITS MANAGING DIRECTOR

AND AUTHORIZED SIGNATORY

SANEEN JAVALI

REP BY PROPRIETOR CONCERN

2.

SANEEN JAVALI,

S/O NASSER JAVALI,

AGED ABOUT 37 YEARS,

DIRECTOR,

M/S EMIRATE FASHIONS PVT LTD RES/AT NO. 17, 2ND FLOOR, ROOM NO 4, APPANNA BLOCK, NEAR BOMBAY TAILOR, R.T. NAGAR, BENGALURU-560032

3.

NASSER JAVALI,

MAJOR, DIRECTOR,

RES/AT NO 17, 2ND FLOOR,

ROOM NO 4, APPANNA BLOCK,

NEAR BOMBAY TAILOR,

R.T. NAGAR, BENGALURU-560032.

ALSO AT NO 510, EMPIRO RESIDENCY,

DWARAKA NAGAR,

1ST MAIN ROAD, YELAHANKA,

BENGALURU-560062.

4.

ABDUS SALAM SUBHAN,

MAJOR, DIRECTOR,

M/S EMIRATE FASHIONS PVT LTD

RES/AT NO 17, 2ND FLOOR,

HC-KAR

ROOM NO 4, APPANNA BLOCK,

NEAR BOMBAY TAILOR,

R.T. NAGAR, BENGALURU-560032.

ALSO AT NO 10, 1ST CROSS,

PAMPA EXTENSION,

MUNESHWARA TEMPLE ROAD,

KEMPAPURA, HEBBAL POST,

BENGALURU-560024.

5.

M/S VERSATYL WEAR LLP,

REP/BY ITS PARTNERS

NASSER JAVALI AND

SANEEN JAVALI,

AT NO 17, 2ND FLOOR,

ROOM NO 4, APPANNA BLOCK,

NEAR BOMBAY TAILOR,

R.T. NAGAR, BENGALURU-560032.

REGISTERED UNDER PARTNERSHIP ACT

6.

M/S JAVALI AGRO PRODUCTS LLP,

REP/BY ITS PARTNERS

NASSER JAVALI AND

AT NO 2, 3RD CROSS,

LINGAPPA THOTA, THIMMAIAH GARDEN

BENGALURU-560032.

REGISTERED UNDER PARTNERSHIP ACT

7.

M/S EMPIRO BUILDERS AND

DEVELOPERS LLP,

REP/BY ITS PARTNERS

NASSER JAVALI AND SANEEN JAVALI,

AT SWAMY COMPLEX, 1ST FLOOR,

DWARAKA NAGAR BUS STOP,

YELAHANKA, BENGALURU-560032.

REGISTERED UNDER PARTNERSHIP ACT

…RESPONDENTS

(BY SRI. SHANKAR M, ADVOCATE FOR R3, R5 AND R7

R4 SERVED

NOTICE TO R1, R2 AND R6 ARE DISPENSED WITH)

HC-KAR

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON

ORDER IMPUGNED 15.10.2024 IN COMM.O.S.NO. 249/2022 ON

IA NO. 12 FILED UNDER ORDER 7 RULE 14 (CORRECTED LATER

AS ORDER 11 RULE 5) OF CIVIL PROCEDURE CODE PASSED BY

THE

LEARNED

HONBLE

X

ADDITIONAL

DISTRICT

AND

SESSIONS

JUDGE

(DEDICATE

COMMERCIAL

COURT)

BENGALURU RURAL DISTRICT, BENGALURU PRODUCED AT

ANNX-E AND ALLOW THE WRIT PETITION IN THE INTEREST OF

JUSTICE AND EQUITY.

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