Single Judge disposed of writ appeals filed by BESCOM against an order quashing demand notices. The Court held the appeals became infructuous due to fresh demand notices issued later and disposed of the matter by waiving objections.
Appeals disposed of as infructuous due to subsequent specific litigation; office objections waived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT APPEAL Nos.3373-3374/2013 (GM - KEB)
BETWEEN :
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), BANGALORE SOUTH CIRCLE, K.R. CIRCLE, BANGALORE – 560 001 REP. BY ITS MANAGING DIRECTOR.
... APPELLANT
(BY SMT. G.K. BHAVANA FOR SRI. CHANDRAKANTH PATIL K., ADVOCATE (VIDEO CONFERENCE) )
AND:
M/S. NESS TECHNOLOGIES (INDIA) PVT. LTD., NO.33, 6TH BLOCK, 17TH `H’ MAIN, KORAMANGALA, BANGALORE – 560 095, REP. BY ITS ASSOCIATE VICE PRESIDENT – FACILITIES MR. GOPAKUMAR.
... RESPONDENT
(BY SRI.CHANDRASHEKAR S. FOR M/S. HOLLA & HOLLA, ADVOCATE (VIDEO CONFERENCE) )
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.10978-979/12 DATED 24.01.2013.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
Though the matters are listed for non-compliance of office objections, despite recalling of the order dated 25.08.2014 and restoring these appeals, learned counsel for the appellant submits that the reason as to why the office objections have not been complied with, is on account of the fact that the Writ appeals have been rendered infructuous. She submits that subsequent to the quashing of the demand notices dated 03.02.2012 and 29.03.2012 – Annexures – K and P to the writ petitions by the learned single Judge, there have been fresh demand notices issued by the appellant and there have been subsequent litigation on the same. Therefore, appropriate order may be made in these appeals.
Sd/JUDGE
Sd/JUDGE
Mgn/-
1 issue framed by the court
Whether these writ appeals, challenged against an order quashing demand notices rendered infructuous due to subsequent fresh notices, can be disposed of.
1 provisions across 1 enactments
Bangalore Electricity Supply Company Limited (BESCOM)
M/s. Ness Technologies (India) Pvt. Ltd.
B. V. Nagarathna
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
