Allowed

Sysinformation Healthcare India Private Limited v. Mr Suresh Kulandaivel

Karnataka HC25 Oct 2024WP/10278/2024

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought a direction for the trial court to expedite and conclude civil suit O.S. No. 786/2022. The High Court, finding prolonged inactivity on a defendant's application, allowed the petition in part and directed the trial court to consider and dispose of the application within two months.

What did the court decide?

Directed the Trial Court to consider the pending application and dispose of the suit not later than two months from the date of receipt of the order copy.

Sysinformation Healthcare India Private… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:43253 WP No. 10278 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10278 OF 2024 (GM-CPC)

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BETWEEN:

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SYSINFORMATION HEALTHCARE INDIA PRIVATE LIMITED/EQUALIZE RCM NO.2254, KOUSALYA, 2^ND FLOOR, VINOBHA ROAD, MYSURU, KARNATAKA - 570005 REPRESENTED BY ITS DIRECTOR SRI. ASHOK BALARAM (BY SRI. TAJI GEORGE, ADVOCATE)

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…PETITIONER

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AND:

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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MR. SURESH KULANDAIVEL AGED ABOUT 43 YEARS FATHER'S NAME NOT KNOWN 478, 1^ST STAGE, 2^ND CROSS, INDUSTRIAL SUBURD, VISWESWARA NAGAR, MYSORE-570008. ALSO AT NO.21.J198/145, OMKAR BADAVANE, J.P. NAGAR, MYSORE - 570008 KARNATAKA LANDMARK: BEHIND KASTURI BAR

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VITAL AXIS INC NO.256, A BLOCK, 8^TH MAIN 3^RD STAGE, VIJAYANAGAR, MYSURU - 570017 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR MULTINATIONAL COMPANY INCORPORATED UNDER THE LAWS OF US, HAVING ITS BRANCH OFFICE AT

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NC: 2024:KHC:43253 WP No. 10278 of 2024

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ALSO AT 16/1, CAMBRIDGE ROAD, HALASURU, BANGALORE-560008.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT I.E. THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM AT MYSORE TO EXPEDITE AND CONCLUDE THE TRIAL OF OS NO. 786 OF 2022 AS PER ANNEXURE-F, WITHIN A PERIOD OF THREE (3) MONTHS FROM THE DATE OF DISPOSAL OF THIS PETITION, OR SUCH OTHER PERIOD AS THE COURT FINDS REASONABLE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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This petition is filed by the plaintiff seeking for a direction

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to the Principal Senior Civil Judge and CJM at Mysuru (henceforth referred to as 'Trial Court' for short) to dispose off the suit in O.S.No.786/2022.

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The suit in O.S.No.786/2022 was filed for perpetual

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injunction to recover a sum of Rs.4,58,40,300/- and for other reliefs. The defendants entered appearance but did not file their written statement in time and the Court considered the written statement of defendant No.1 as not filed. The defendant

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3 - NC: 2024:KHC:43253 WP No. 10278 of 2024

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No.1 thereafter filed an application under Order VII Rule 11(a) read with Section 151 of Civil Procedure Code to reject the plaint. The plaintiff has approached this Court for a direction to the Trial Court to expedite the trial of the suit.

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The learned counsel for the plaintiff submits that the hearing on the application was first scheduled on 06.06.2023, but stood adjourned from time to time. He contends that even after a year, no steps are taken to consider the application.

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The suit was filed in the year 2022. There are older matters which are awaiting consideration before the Trial Court and therefore, the plaintiff cannot seek for any direction to dispose off the suit as sought for in this writ petition. Be that as it may, since it is claimed that the plaintiff that the application filed by the defendants under Order VII Rule 11(a) of Civil Procedure code is not considered for a long time, it is appropriate to direct the Trial Court to consider the application if any in accordance with law and dispose off the same.

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Hence, the following order:

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NC: 2024:KHC:43253 WP No. 10278 of 2024

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ORDER

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This writ petition is allowed in part. The Trial Court is directed to consider the application if any filed by the parties

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and dispose off the same in accordance with law, at any rate not later than two months from the date of receipt of a copy of

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this order.

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 27

Sysinformation Healthcare India Private Limited v. Mr Suresh Kulandaivel

Case brief

What is this about?

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Sysinformation Healthcare India Private Limited v. Mr Suresh Kulandaivel

Case brief

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