PAWAN KUMAR AGRAWAL Vs. QUANTUM INVESTMENT PARTNERS LLC

JUDGEMENT

(1.) The petitioner in Commercial Miscellaneous No.53/2023 on the file of the LXXXV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru, is before this Court praying to set aside the order dtd. 5/8/2023 wherein the petitioner is directed to furnish air mail postal stamps and cover without there being order to issue notice. The petitioner has also sought for allowing I.A.1 filed under Sec. 151 CPC to stay the compromise decree in Commercial A.A.Nos.333 and 334 of 2022.

(2.) Heard Sri Bhargav D Bhat, learned counsel for the petitioner and perused writ petition papers.

(3.) The petitioner before this Court, who is also petitioner in Com.Misc.No.53/2023, is not a party to Commercial AA Nos.333 and 334 of 2022. Respondent No.1 herein had filed Commercial AA Nos.333 and 334 of 2022 for an order of injunction against the respondents therein restraining from transferring, selling, alienating, auctioning, creating third party interest in the assets listed in schedule 'A' till the final disposal of the arbitration proceedings. It is the case of the petitioner that the said Commercial A.A. was compromised between the parties by filing compromise petition as at Annexure-C. The said compromise petition was accepted by the Commercial Court by order dtd. 23/2/2023. Learned counsel for the petitioner would submit that the petitioner herein has also interest in the subject matter of Com.A.A Nos.333 and 334 of 2022 which is compromised between the parties therein. Therefore, the petitioner filed Com.Misc.53/2023 under Sec. 151 of CPC to set aside the compromise decree/agreement. Along with the miscellaneous petition, the petitioner is said to have filed I.A.No.1 to stay the compromise decree/agreement accepted on 23/2/2023.