LAWS(KAR)-2021-6-1

KENRISE MEDIA PVT. LTD. Vs. ASHISH K. MISHRA

Decided On June 03, 2021
Kenrise Media Pvt. Ltd. Appellant
V/S
Ashish K. Mishra Respondents

JUDGEMENT

(1.) By this appeal under sub-section (1A) of Section 13 of the Commercial Courts Act, 2015 read with Rule 1(r) of Order XLIII of the Code of Civil Procedure, 1908 (for short 'the CPC'), the appellants who are the original plaintiffs have taken an exception to the Judgment and order dated 22nd October, 2020 passed by the learned LXXXIII Additional City Civil and Sessions Judge (CCH-84) at Bengaluru in the commercial original suit No.362/2019. By the said Judgment and order, Interlocutory Applications (IA) II, III, and IV filed by the appellants under Rules 1 and 2 of Order XXXIX of CPC, for grant of temporary injunction have been rejected.

(2.) There are mainly four agreements, which are subject matter of Commercial Original Suit No.362 of 2019. The first one is an Exit Agreement dated 31st July, 2019, the second agreement is the Executive Employment Agreement dated 1st April 2018, the third agreement is the Shareholders Agreement executed on 12th January, 2018 and the fourth agreement is the Share Subscription Agreement executed on 12th January, 2018. These agreements have been executed by and between the first appellant company and the first respondent. There are separate agreements of employment executed between the first appellant and second to fourth respondents.

(3.) The first appellant Kenrise Media Pvt Ltd., is a private limited company incorporated under the provisions of the Companies Act, 2013. The second appellant is a founder and the Chief Executive Officer of the first appellant and the third appellant is also a founder and the Editor-in-Chief of the Online News Platform of the first appellant. It is stated that the fourth appellant is also a founder of the first appellant company.