Dismissed

Sri Yogesh Kumar v. Smt. a v Gayathri

Karnataka HC1 Sept 2023WP/2849/2021

Case brief

AI extract

What is this about?

A writ petition under Article 227 challenging an order returning a plaint under Section 12A of the Commercial Courts Act, 2015 was dismissed for non-prosecution as the petitioners failed to appear and had no interest in prosecuting the matter.

What did the court decide?

The writ petition was dismissed for non-prosecution as the petitioners had no interest in prosecuting the matter and appeared without counsel.

Sri Yogesh Kumar Vs Smt. a v Gayathri — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:31561 WP No. 2849 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2849 OF 2021 (GM-CPC)

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BETWEEN:

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SRI YOGESH KUMAR S/O SRI C V CHIDANANDA MURTHY, AGED ABOUT 51 YEARS,

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SMT. B M ASHA W/O YOGESH KUMAR, AGED ABOUT 38 YEARS,

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SMT. K T ANITHA W/O C HEMANTH KUMAR, AGED ABOUT 43 YEARS,

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ALL ARE R/AT SHARADA NILAYA, SPENCER ROAD, NEAR LIC OFFICE CHIKMAGALURU 577101.

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…PETITIONERS

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Digitally signed by GURURAJ D

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Location: High Court of Karnataka

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(BY SRI SHANKAR P HEGDE, ADV.)

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AND:

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SMT. A V GAYATHRI W/O SRI K SHANTHE GOWDA, R/AT SAGANIPURA ROAD, CHIKMAGALURU -577101.

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…RESPONDENT

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(BY MS. SMITA PALIWAL, ADV.)

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THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE UN-NUMBERED COMMERCIAL ORIGINAL SUIT FILED BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKMANAGALURU; QUASH THE IMPUGNED ORDER OR ENDORSEMENT OR SUBMISSION DATED 02.02.2021 IN UN-

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2 - NC: 2023:KHC:31561 WP No. 2849 of 2021

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NUMBERED COMMERCIAL ORIGINAL SUIT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKMAGALURU IN RETURNING THE PLAINT OF THE PLAINTIFFS/PETITIONERS FOR THE REASON THAT THE PLAINTIFFS/PETITIONERS HAVE NOT COMPLIED WITH PROVISIONS OF SECTION 12A OF THE COMMERCIAL COURTS ACT, 2015 IN NOT EXHAUSTING THE REMEDY OF PRE-INSTITUTION MEDIATION AS WELL AS IN NOT SEEKING ANY URGENT INTERIM RELIEFS UNDER THE SAID ACT, 2015 VIDE ANNX-A AND ETC.

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

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ORDER

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None appears for the petitioners in the morning as well as in the afternoon.

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There was no representation for the petitioners on 02.06.2023.

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It appears that the petitioners have no interest in prosecuting the petition. Hence, the petition stands dismissed for non-prosecution.

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Sd/JUDGE

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MPK CT:bms

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List No.: 1 Sl No.: 12

Sri Yogesh Kumar v. Smt. a v Gayathri

Case brief

What is this about?

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Sri Yogesh Kumar v. Smt. a v Gayathri

Case brief

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What did the court decide?

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