Disposed

M/S Electronics and Controls v. M/S Wep Peripherals Limited

Karnataka HC25 Mar 2022WP/4837/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of this writ petition filed under Article 226 by setting aside the impugned order dated 04.01.2022 passed by the trial court on IA No. 20. The matter was remanded to the trial court for fresh consideration in accordance with the procedure under the Commercial Courts Act, 2015, while keeping all contentions open for future hearing.

What did the court decide?

The impugned order dated 04.01.2022 passed by the trial court on IA No. 20 was set aside and the matter was remanded to the trial court for fresh consideration in accordance with the Commercial Courts

M/S Electronics and Controls Vs M/S Wep Peripherals… — Company and Corporate | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2022 BEFORE

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THE HON’BLE MR. JUSTICE E.S. INDIRESH

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WRIT PETITION NO.4837 OF 2022 (GM-CPC)

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BETWEEN

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M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.29/A 2^ND PHASE PEENYA INDUSTRIAL AREA BENGALURU-560068 REPRESENTED BY ITS AUTHORIZED SIGNATORY AND DIRECTOR SRI SIVASANKARAN M S

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...PETITIONER

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(BY SRI NANDAKUMAR, SENIOR COUNSEL FOR SRI SIVARAMA KRISHNAN M S, ADVOCATE)

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AND

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M/S WEP PERIPHERALS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 40/1A BASAPPA COMPLEX LAVELLE ROAD BENGALURU-560001 REPRESENTED BY ITS MANAGING DIRECTOR MR RAM AGARWAL.

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SMT. SUNDARI RAMACHANDRAN CHAIRPERSON AND DIRECTOR M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD RESIDING AT ORCHID VIEW APARTMENTS B5 NO.19, RAMANAMAHARISHI ROAD SADASHIVANAGAR BENGALURU-560008.

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SMT. VIDYA IYER WHOLE TIME DIRECTOR M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD RESIDING AT ORCHID VIEW APARTMENTS B5 NO.19 RAMANAMAHARISHI ROAD SADASHIVANAGAR BENGALURU-560008.

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SRI RAJARAM RAMAMURTHY MANAGING DIRECTOR WHOLE TIME DIRECTOR M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD RESIDING AT ORCHID VIEW APARTMENTS B5 NO.19 RAMANAMAHARISHI ROAD SADASHIVANAGAR BENGALURU-560008.

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SRI SIVASANKARAN M S DIRECTOR M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD RESIDING AT 748-B VINAYAKA NAGAR KONENAGRAHARA HAL BENGALURU-560017.

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SMT UMA MAHESHWARI

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DIRECTOR

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M/S ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD RESIDING AT PLOT NO.72 SUBABH DR AMBEDKAR ROAD PERIYAR NAGAR EXTENSION MADIPAKKAM CHENNAI-600091.

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SRI K RAMACHANDRAN TF-2 RATAN APARTMENTS NO.32 MUTHAPPA BLOCK GANGANAGAR BENGALURU-560032.

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SRI G P RAMACHANDRAN CHARTERED ACCOUNTANT M/S G P RAMACHANDRAN AND ASSOCIATES CHARTERED ACCOUNTANTS HAVING OFFICE AT NEW NO.9 OLD NO.1 COMMERCE HOUSE SHOP NO.208, 2ND FLOOR CUNNINGHAM ROAD VASANTH NAGAR BENGALURU-560052.

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ELECTRONICS AND CONTROLS PVT LTD HAVING ITS OFFICE AT NO.9/21 KBR APARTMENTS KASTURBA NAGAR, ADYAR CHENNAI-600058 REPRESENTED BY ITS DIRECTOR MS. VIDYA R IYER

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….RESPONDENTS

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(BY SRI K G RAGHAVAN, SENIOR COUNSEL FOR SRI K V SATISH, ADVOCATE FOR R1; SRI N KHETTY, ADVOCATE FOR SMT. AKKAMAHADEVI HIREMATH FOR R8; SRI P N RAJESHWAR, ADVOCATE FOR R2 TO 5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 04^TH JANUARY, 2022 (ANNEXURE-A) PASSED ON IA.NO.20 BY THE LEARNED LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (COMMERCIAL COURT DIVISION) (CH-83), BENGALUR, N COMM.OS.NO.8994 OF 2011 AND CONSEQUENTIALLY TO DIRECT THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT DIVISION) (CCH-83) BENGALURU, TO DISPOSE OF THE IA.NO.20 ON MERITS BY CONSIDERING THE ORDERS OF THIS HON’BLE COURT DATED 20^TH NOVEMBER, 2012 IN COP NO.98 AND 99 OF 2012 AND ORDER DATED 21^ST OCTOBER, 2013 IN OSA.NO.7 OF 2013 AND ORDER OF THE HON’BLE APEX COURT DATED 21^ST NOVEMBER, 2013, PASSED IN SLP NO.35022 OF 2013, REFERRED TO THEREIN AND ETC.,

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed by the defendant No.1 in Com.OS No.8994 of 2011 on the file of LXXXII Additional City Civil and Sessions Judge, Bengaluru, challenging the Order dated 04^th January, 2022 on IA.20.

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After arguing for some, learned counsel appearing for the parties submitted that the impugned order dated 04^th January, 2022 passed by the trial Court on IA.20 be set aside by

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remanding the matter to the trial Court for fresh consideration in accordance with law.

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Taking into consideration the finding recorded by the trial Court, I am of the view that the learned counsel appearing for the parties are justified in making the said submission, as the procedural aspects contained in the Commercial Courts Act, 2015, has to be followed while hearing the application filed by the defendant No.1 in IA.20. It is also submitted that all contentions of respective parties shall be kept open. Having said so, it is submitted that this Court has not expressed any opinion on the finding recorded by the trial Court in the impugned order dated 04^th January, 2022 in respect of IA.20. Petition accordingly disposed of.

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Sd/JUDGE

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lnn

M/S Electronics and Controls v. M/S Wep Peripherals Limited

Case brief

What is this about?

What did the court decide?

M/S Electronics and Controls v. M/S Wep Peripherals Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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