IN THE HON’BLE HIGH COURT OF
KARNATAKA AT BENGALURU
CAVEAT PETITION No. ____/2025
IN
COMAP No. ____/2025
BETWEEN:
Kumar Properties and Promoters Pvt. Ltd.,
A company incorporated under the Companies Act,
Rep. by its South India Head & Authorized Signatory, Sri Umang Badjatya,
Office at Kumar Capitol, 3rd Floor, 2413, East Street, Pune – 411001,
Also at: No.33, Crescent Road, High Grounds, Sampangi Rama Nagar, Bengaluru – 560003.
… CAVEATOR
AND:
1. M/s. Pinxit Blue Advertising Pvt. Ltd.,
Registered Office at No.29, 2nd Floor, Super Processor Compound,
Lalbaug Industrial Estate, Lalbaug, Mumbai – 400012,
Rep. by its Director Sri Ajay Tulsidas Shroff.
2. Sri Kamlesh Deepchand Gajria,
Director of Pinxit Blue Advertising Pvt. Ltd.,
Office at No.29, 2nd Floor, Super Processor Compound,
Lalbaug Industrial Estate, Lalbaug, Mumbai – 400012.
3. Sri Ajay Tulsidas Shroff,
Director of Pinxit Blue Advertising Pvt. Ltd.,
Office at No.29, 2nd Floor, Super Processor Compound,
Lalbaug Industrial Estate, Lalbaug, Mumbai – 400012.
4. Sri Anil Deepchand Gajria,
Director of Pinxit Blue Advertising Pvt. Ltd.,
Office at No.29, 2nd Floor, Super Processor Compound,
Lalbaug Industrial Estate, Lalbaug, Mumbai – 400012.
… RESPONDENTS
MEMORANDUM OF CAVEAT PETITION
UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE
The Caveator respectfully submits as follows:
1. The Caveator was Respondent No.4 in Com. Misc. No.37/2025 on the file of the LXXXV
Addl. City Civil & Sessions Judge, Commercial Court (CCH-86), Bengaluru. By order dated
03.09.2025, the learned Court rejected the Petition filed under Order IX Rule 13 CPC in
[Link].149/2023 (which had been decreed on 03.03.2025).
2. The Respondents herein (who were the petitioners in Com. Misc. No.37/2025) are likely
to file a Commercial Appeal (COMAP) before this Hon’ble Court assailing the order dated
03.09.2025. It is apprehended that they may seek interim and/or ex parte orders in such
proceedings.
3. If any ex parte order is passed without hearing the Caveator, it would cause irreparable
loss and hardship. The Caveator has a strong case on merits and is entitled to be heard
before any interim relief is considered.
WHEREFORE, the Caveator humbly prays that this Hon’ble Court be pleased to direct that
no order be passed in the proposed COMAP or any other proceedings that may be initiated
by the Respondents challenging the order dated 03.09.2025 in Com. Misc. No.37/2025,
without notice to the Caveator, in the interest of justice and equity.
Place: Bengaluru
Date: _________ 2025
Advocate for Caveator Caveator
INDEX
Sl. No. | Particulars | Pages
1. | Memorandum of Caveat Petition under Section 148A CPC |
2. | Verifying Affidavit |
3. | R.P.A.D Receipts |
4. | Vakalatnama |
5. | Process Memo |
Total: ____ pages
VERIFYING AFFIDAVIT
I, Umang Badjatya, S/o ____________, aged about ___ years, South India Head & Authorized
Signatory of Kumar Properties and Promoters Pvt. Ltd., having office at No.33, Crescent
Road, High Grounds, Sampangi Rama Nagar, Bengaluru – 560003, do hereby solemnly
affirm and state as follows:
1. I am duly authorized to represent the Caveator company and to swear to this affidavit; I
am conversant with the facts and competent to depose hereto.
2. I have read and understood the contents of the accompanying Caveat Petition. The
statements made in paragraphs 1 to ___ are true and correct to my knowledge and belief.
VERIFICATION
I, the deponent above named, do hereby verify that the contents of this affidavit are true
and correct to my knowledge, belief and information. Verified at Bengaluru on this the ___
day of ______ 2025.
Identified by me DEPONENT
Advocate
PROCESS MEMO
Kindly issue notice to the Caveator in the event of filing of any appeal (COMAP) or related
petition by the Respondents challenging the order dated 03.09.2025 in Com. Misc.
No.37/2025, before passing any orders therein.
Advocate for Caveator
R.P.A.D. RECEIPTS
(To be annexed)