Petitioner sought quashing of a letter rejecting a payment claim and directed release of payment. Court set aside communication and directed respondents to reconsider claim with permission within three months.
Set aside impugned communication and directed respondents to reconsider claim within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21265 WP No. 1396 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.1396 OF 2024 (GM-RES)
BETWEEN:
M/S. SMART TECH FURNITURES #126, 14TH CROSS, 1ST MAIN, BAPUJINAGAR, MYSURU ROAD, BENGALURU – 560 026 REPT. BY ITS PROPRIETOR MR. SALEEM PASHA.
... PETITIONER
(BY SRI ASWATHAPPA D., ADVOCATE)
AND:
BEHIND S.P. OFFICE, TAMAKA, KOLAR – 563 103 REPT. BY ITS REGISTRAR.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
BEHIND S.P. OFFICE, TAMAKA, KOLAR – 563 103.
(A WELFARE SET UP UNDER THE AEGIS OF
GOVT. OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS), COMMUNITY CENTRE, CPWD QUARTERS, DOMLUR, BENGALURU – 560 071 REPT. BY ITS AUTHORISED SIGNATORY/ ADDL. CHIEF MANAGER (P & S).
NC: 2024:KHC:21265 WP No. 1396 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DETER DATED 12/12/2023 BEARING NO.BNU/FURNITURE/2116/2023-24 ISSUED BY THE FIRST RESPONDENT PRODUCED AS ANNEXURE-E; DIRECTING THE RESPONDENTS 1 TO 3 TO RELEASE THE PAYMENT OF RS.48,60,420/- (RUPEES FORTY-EIGHT LAKES SIXTY THOUSAND FOUR HUNDRED AND TWENTY ONLY) WITH INTEREST AT 18% PER ANNUM TILL MAKES THE PAYMENT FROM THE DATE OF DELIVERY. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
“a) To quash the deter dt:12.12.2023 bearing No:BNU/Furniture/2116/2023-24 issued by the First Respondent produced as Annexure-E .
b) To issue writ or order or direction in nature of mandamus directing the Respondents 1 to 3 to release the payment of Rs.48,60,420/- (Rupees Forty-Eight Lakhs Sixty Thousand Four Hundred and Twenty Only) with interest at 18% per annum till makes the payment from the date of delivery.
c) And to pass such other order/s as this Hon’ble Court may deem fit to grant in the circumstances of the case and in the interests of justice.”
NC: 2024:KHC:21265 WP No. 1396 of 2024
Nos.1 and 2 submits that he has no objection to the impugned communication to be set aside and directions be issued to respondent Nos.1 and 2 to reconsider the claim of the petitioner in accordance with the law.
Sd/JUDGE
MBM
List No.: 1 Sl No.: 14
2 issues framed by the court
Whether the impugned communication rejecting the claim was vitiated by violation of natural justice and lack of jurisdiction?
Whether the petitioner was deprived of opportunity before third-party agency appointment and inspection?
1 provisions across 1 enactments
M/S. SMART TECH FURNITURES
BENGALURU NORTH UNIVERSITY SRI DEVARAJ URS EXTENSION
THE VICE CHANCELLOR BENGALURU NORTH UNIVERSITY SRI DEVARAJ URS EXTENSION
KENDRIYA BHANDAR
SRI MALLIKARJUNA N.
S.R.KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
