Disposed

Sri Jayaram K v. Indian Oil Corporation Ltd.

Karnataka HC7 Dec 2021WP/20854/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging the dismissal of a civil suit for non-prosecution. The court allowed the petitioner to file a fresh application regarding the cause of action for dismissal under Order IX of CPC and directed the civil court to dispose of such proceedings within six months.

What did the court decide?

The writ petition disposed with liberty to petitioner to avail remedy under Order IX of CPC. Court directed civil court to dispose of proceedings within six months.

Sri Jayaram K Vs Indian Oil Corporation Ltd. — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO. 20854/2021 (GM-CPC)

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BETWEEN :

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SRI. JAYARAM K SON OF LATE KRISHNAPPA, AGED ABOUT 49 YEARS, RESIDING AT NO.297, DODDAMANE KRISHNAPPA LAYOUT, NEAR ANJANEYA TEMPLE, ARAKERE, BANNERGHATTA ROAD, BENGALURU SOUTH, BENGALURU – 560 076.

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... PETITIONER

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(BY SRI. SHAMANTH NAIK, ADVOCATE)

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AND :

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INDIAN OIL CORPORATION LTD (IOCL) A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, BANGALORE DIVISIONAL OFFICE, NO.29, P KALINGA RAO ROAD, (MISSION ROAD), BENGALURU - 560 027.

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ALSO AT HEAD OFFICE AT INDIAN OIL BHAVAN, NO.G-9, ALI YAVAR JUNG MARG, BANDRA EAST, MUMBAI 400051. REPRESENTED BY ITA SUTHORISED REPRESENTATIVE MR. HIMANSHU SHARMA.

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... RESPONDENTS

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(BY SRI. DHANANJAY JOSHI, ADVOCATE FOR C/R)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED. 14.09.2021 PASSED BY THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 18) IN O.S.NO. 2087/2021 (ANNEXUREA); DIRECT THE TRIAL COURT TO RESTORE THE SUIT IN O.S.NO. 2087/2021 ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 18) TO BE DISPOSED AND MERITS.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, who is the plaintiff in O.S.No.2087/2021 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru (for short, 'the civil Court'), is aggrieved by the rejection of his application (I.A.No.IV) under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, (for short, ' CPC' ) for adjournment and the simultaneous dismissal of the suit for non-prosecution.

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After arguing for sometime, the learned counsel submits that because it would be open to the petitioner

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to avail remedy under Order IX of CPC, the petition could be disposed of with liberty to the petitioner to avail such remedy. He also submits that in the event the petitioner avails such remedy, the civil Court may be called upon to dispose of the proceedings in a time bound manner and in support of this request, he submits that this Court had in fact directed the civil Court to dispose of the suit within one year.

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In the light of this submission, the petition stands disposed of with liberty to the petitioner, subject to all just exceptions in law, to avail remedy under Order IX of CPC and in the event the petitioner avails such remedy, the Court, before whom such remedy is availed, shall take every such measure as would be necessary for disposal of such proceedings within a period of six [6] months from the date of service of notice to the respondent.

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It is observed that if the petitioner were to seek any adjournment even in such proceedings and it is unjustified, the Court shall record the reasons for the same and notwithstanding such requests dispose of the proceedings within six [6] months as aforesaid.

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SD/JUDGE

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Sri Jayaram K v. Indian Oil Corporation Ltd.

Case brief

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Sri Jayaram K v. Indian Oil Corporation Ltd.

Case brief

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