Dismissed

M/S M S Traders v. N Gopalakrishna

Karnataka HC27 Mar 2023CRL.P/151/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed three criminal petitions filed under Section 482 CrPC for default. The court observed that the petitioners remained absent despite opportunities and failed to pay imposed costs or comply with objections for over two years, indicating lack of interest in the matter.

What did the court decide?

Petitions dismissed for default due to non-compliance and absence of counsel.

M/S M S Traders Vs N Gopalakrishna — Civil Procedure and Limitation | Karnataka HC (2023)

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CRL.P No. 151 of 2021 C/W CRL.P No. 158 of 2021 CRL.P No. 170 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 151 OF 2021,

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C/W

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CRIMINAL PETITION NO. 158 OF 2021, CRIMINAL PETITION NO. 170 OF 2021.

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IN CRL.P NO. 151/2021

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BETWEEN:

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M/S. M.S. TRADERS, ROYAL RESIDENCE, RASHEED NAGAR, PATEL ROAD, OPP. KODARAJANAHALLI DARGA, KOLAR - 563 101.

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY ITS PROPRIETOR, B.M. MUBARAK, S/O. B.K. MASTAN SAB, AGED ABOUT 43 YEARS. …PETITIONER (BY SRI. MOHAMMED OWAIS SULTAN, ADVOCATE (ABSENT))

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AND:

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SRI. N. GOPALAKRISHNA, S/O. LATE NANJUNDAPPA, AGED ABOUT 56 YEARS, R/AT 7TH CROSS, KARANJIKATTA,

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2 - CRL.P No. 151 of 2021 C/W CRL.P No. 158 of 2021 CRL.P No. 170 of 2021

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KADARIPURA ROAD, KOLAR - 563 101.

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…RESPONDENT

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND J.M.F.C., KOLAR ON MEMO DATED 07.11.2019 IN C.C.NO.883/2018 VIDE ORDER DATED 22.09.2020 AS ANNEXURE-A AND ETC.,

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IN CRL.P NO. 158/2021

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BETWEEN:

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M/S. M.S. TRADERS, O/AT ROYAL RESIDENCE, RASHEED NAGAR, PATEL ROAD, OPP. KODARAJANAHALLI DARGAH, KOLAR - 563 101.

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REPRESENTED BY ITS PROPRIETOR, B.M. MUBARAK, S/O. B.K. MASTAN SAB, AGED ABOUT 43 YEARS, EX-MUNICIPAL PRESIDENT, KOLAR. ALSO, AT M/S. POULTRY BREEDER'S, TAVERKERE, THIPPASANDRA HOBLI, KUNIGAL ROAD, MAGADI TALUK, RAMANAGAR DISTRICT.

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…PETITIONER

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(BY SRI. MOHAMMED OWAIS SULTAN, ADVOCATE)

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3 - CRL.P No. 151 of 2021 C/W CRL.P No. 158 of 2021 CRL.P No. 170 of 2021

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AND:

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SRI. N. GOPALAKRISHNA, S/O. LATE NANJUNDAPPA, AGED ABOUT 56 YEARS, R/AT 7TH CROSS, KARANJIKATTA, KADARIPURA ROAD, KOLAR - 563 101.

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…RESPONDENT

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND J.M.F.C., KOLAR ON MEMO DATED 06.11.2019 IN C.C.NO.882/2018 VIDE ORDER DATED 22.09.2020 AS ANNEXURE-A AND ETC.,

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IN CRL.P NO. 170/2021

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BETWEEN:

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M/S. M.S. TRADERS, ROYAL RESIDENCE, RASHEED NAGAR, PATEL ROAD, OPP. KODARAJANAHALLI DARGA, KOLAR - 563 101.

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REPRESENTED BY ITS PROPRIETOR, B.M. MUBARAK, S/O. B.K. MASTAN SAB, AGED ABOUT 43 YEARS.

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…PETITIONER

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(BY SRI. MOHAMMED OWAIS SULTAN, ADVOCATE)

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4 - CRL.P No. 151 of 2021 C/W CRL.P No. 158 of 2021 CRL.P No. 170 of 2021

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AND:

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SRI. N. GOPALAKRISHNA, S/O. LATE NANJUNDAPPA, AGED ABOUT 56 YEARS, R/AT 7TH CROSS, KARANJIKATTA, KADARIPURA ROAD, KOLAR - 563 101.

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…RESPONDENT

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE IMPUGNED ORDER OF THE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC, KOLAR ON MEMO DATED 05.11.2019 IN C.C.NO.881/2018 VIDE ORDER DATED 22.09.2020 AS ANNEXURE-A AND ETC.,

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

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ORDER

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Learned High Court Government Pleader takes notice for respondent-State.

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Learned counsel for the petitioner remained absent. Though this Court granted sufficient opportunity to comply with the office objections, learned counsel for the petitioner remained absent and did not comply with the office objections. These petitions came to be filed on

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5 - CRL.P No. 151 of 2021 C/W CRL.P No. 158 of 2021 CRL.P No. 170 of 2021

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04.01.2021. For more than two years, these cases have been pending. This Court on earlier occasion granted time in the connected matter by imposing cost of Rs.500/- for compliance on 22.03.2021. In spite of that, neither the petitioner paid the cost nor complied with the office objections. Considering the same, it reveals that the petitioner is not interested in prosecuting the case. Hence, these petitions are dismissed for default.

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Sd/JUDGE

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HDK List No.: 2 Sl No.: 32

M/S M S Traders v. N Gopalakrishna

Case brief

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M/S M S Traders v. N Gopalakrishna

Case brief

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