Dismissed

The Managing Director Esco Engineering Pvt. Ltd. v. M/S Sevenseas Global Express Logistics

Karnataka HC4 Aug 2023WP/6207/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition under Article 226 for non-prosecution and failure to comply with office objections after surrendering multiple adjournments, as the petitioner's counsel was absent without explanation.

What did the court decide?

Writ petition dismissed for non-prosecution and non-compliance of office objections.

The Managing Director Esco Engineering Pvt. Ltd… — Writ and Judicial Review | Karnataka HC (2023)

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NC: 2023:KHC:27453 WP No. 6207 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

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WRIT PETITION NO. 6207 OF 2022 (GM-CPC)

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Between:

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The Managing Director ESCO Engineering Pvt. Ltd. 53/1, Garcha Road, Kolkata-700019.

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Mr. Dipankar Sarkar, Director, ESCO Engineering Pvt. Ltd. 53/1, Garcha Road, Kolkata-700019.

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Mrs. Ratri Sarkar, Director, ESCO Engineering Pvt. Ltd., 53/1, Garcha Road, Kolkata-700019.

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Digitally signed by BANGALORE MADHAVACHAR VEENA Location: High Court of Karnataka

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Sri. Thakurdas De, Director, ESCO Engineering Pvt.Ltd. Santinagar Check Post P.O. Danish Sakh Lane, Howrah, West Bengal - 711109.

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…Petitioners

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(By Smt. Ayantika Mondal, Advocate)

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And:

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M/s Sevenseas Global Express Logistics Represented by Sri Wilson Mathew,

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NC: 2023:KHC:27453 WP No. 6207 of 2022

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Aged About 47 Years, Residing at 39/4, "Shivas", Doddanakundi, Outer Ring Road, Marathahalli Post, Bengaluru-560037

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…Respondent

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This Writ Petition is filed under Article 227 of the Constitution of India, praying to: a) Set aside the order dated 08/10/2021 passed in I.A.No.3/2021 by the Trial Court in COM.OS.NO.26271/2019 vide [Annexure D] pending before LXXIV Additional City Civil and Sessions Judge at Bengaluru (CC-87). b) Allow costs to the petitioners. c) Issue such order or direction as this Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

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This Writ Petition coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:

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O R D E R

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Learned counsel for the petitioner is neither present physically nor through video conference. No reasons are forthcoming either for non-appearance of the learned counsel for the petitioner or for non-compliance of office objections.

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When this matter was posted on the date 28-03-2022, two weeks' time was granted to comply the office objections. Thereafter on the date 01-04-2022 also,

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3 - NC: 2023:KHC:27453 WP No. 6207 of 2022

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two weeks' time was granted to comply the office objections.

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In spite of the above, till date, the petitioner has neither complied the office objections nor appeared and shown any reason for non-compliance of office objections.

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In this petition of the year 2022, several and sufficient opportunities of not less than four times have already been granted to the petitioner. In spite of the same, the petitioner has not complied the office objections which are simple objections like marking of documents as annexures, attesting each document by a competent authority, furnishing of typed copy of the cause title and furnishing of better copy of the index, compliance of which takes hardly few minutes. Thus, in spite of having nearly one and a half year's time, the petitioner has neither complied the office objections nor appeared today, either physically or through video conference nor shown

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any reason for his non-appearance or non-compliance of office objections. Hence, it has to be inferred that the

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NC: 2023:KHC:27453 WP No. 6207 of 2022

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petitioner is not interested to prosecute the present writ petition. As such, the writ petition stands dismissed for non-prosecution as well as for non-compliance of office objections.

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Sd/JUDGE

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BMV* List No.: 1 Sl No.: 8

The Managing Director Esco Engineering Pvt. Ltd. v. M/S Sevenseas Global Express Logistics

Case brief

What is this about?

What did the court decide?

The Managing Director Esco Engineering Pvt. Ltd. v. M/S Sevenseas Global Express Logistics

Case brief

What is this about?

What did the court decide?

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