Allowed

Managing Director v. Banjaiah

Karnataka HC11 Jan 2024WP/2119/2021

Case brief

AI extract

What is this about?

Writ petitions under Article 227 challenged ex parte trial court orders allowing compensation claims. The High Court set aside both impugned orders and remitted the matters for fresh reconsideration on condition that Rs.10,000 deposited by the petitioner be paid to each respondent, keeping all contentions open.

What did the court decide?

Impugned ex parte orders set aside; matters remitted for fresh disposal; Rs.10,000 deposit transferred to each respondent.

Managing Director Vs Banjaiah — Civil Procedure and Limitation | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 11^TH DAY OF JANUARY, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶7

WRIT PETITION NO. 2119 OF 2021 (GM-KEB)

¶8

C/W

¶9

WRIT PETITION NO. 2125 OF 2021 (GM-KEB)

¶10

IN WP NO. 2119/2021

¶11

BETWEEN:

¶12

MANAGING DIRECTOR, M/S. SAGITAUR VENTURES PVT. LTD., HAVING ITS REGISTERED OFFICE AT 3^RD FLOOR, DATTA PRABHAS, NO.44/A, 1^ST MAIN, 3^RD PHASE, J.P. NAGAR, BENGALURU - 560 078, REPRESENTED BY ITS AUTHORIZED SIGNATORY: SRINIVAS RAO.

¶13

Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

¶14

…PETITIONER

¶15

(BY SRI. VINAY KUMAR P, ADVOCATE FOR SRI. SIVARAMA KRISHNANAN M S.,ADVOCATE)

¶16

AND:

¶17

BANJAIAH S/O. LATE THIPPAIAH @ AGED ABOUT 57 YEARS, AGRICULTURALIST, THALUKA VILLAGE, THALUKA POST,

¶18

¶19

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶20

CHALLAKERE TALUK – 577 522, CHITRADURGA DISTRICT.

¶21

…RESPONDENT

¶22

(BY SRI. R. SHASHIDHARA.,ADVOCATE)

¶23

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED OCTOBER 18, 2019 PASSED BY THE 1^ST ADDITIONAL AND SESSIONS JUDGE, CHITRADURGA IN CIVIL MISC. NO.292/2019 AS BEING CONTRARY TO PREVAILING LAW AND TRUE FACTS OF THE CASE.

¶24

IN WP NO. 2125/2021

¶25

BETWEEN:

¶26

MANAGING DIRECTOR, M/S. SAGITAUR VENTURES PVT. LTD., HAVING ITS REGISTERED OFFICE AT 3^RD FLOOR, DATTA PRABHAS, NO.44/A, 1^ST MAIN, 3^RD PHASE, J.P. NAGAR, BENGALURU - 560 078,

¶27

…PETITIONER

¶28

(BY SRI. VINAY KUMAR P, ADVOCATE FOR SRI. SIVARAMA KRISHNANAN M S.,ADVOCATE)

¶29

AND:

¶30

BASAMMA @ M BASAMMA S/O. LATE THIPPESWAMY @ O. THIPPESWAMY AGED ABOUT 51 YEARS, AGRICULTURIST, THALUKA VILLAGE, THALUKA POST, CHALLAKERE TALUK – 577 522, CHITRADURGA DISTRICT.

¶31

…RESPONDENT

¶32

(BY SRI. R. SHASHIDHARA.,ADVOCATE)

¶33

¶34

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶35

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED JANUARY 20, 2020 PASSED BY THE 2^ND ADDITIONAL AND SESSIONS JUDGE, CHITRADURGA IN CIVIL MISC. NO.225/2019 AS BEING CONTRARY TO PREVAILING LAW AND TRUE FACTS OF THE CASE.

¶36

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

¶37

ORDER

¶38

W.P. No.2119/2021 is by the first respondent in Civil Misc. No.292/2019 on the file of the I Additional District and Sessions Judge, Chitradurga [for short, ‘the trial Court’]. W.P. No.2125/2021 is by the first respondent in Civil Misc. No.225/2019 on the file of the Special II Additional District and Sessions Judge, Chitradurga [for short, ‘the trial Court’]. These petitions are directed against the impugned orders dated 18.10.2019 in Civil Misc. No.292/2019 and the impugned order dated 20.01.2020 in Civil Misc. No.225/2019 passed by the trial Court whereby the said petitions filed by the respondent seeking compensation was allowed by the trial Court.

¶39

¶40

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶41

2. Heard the learned counsel for the petitioner

¶42

and perused the material on record.

¶43

In addition to reiterating the various contentions urged in the petitions and referring to the material on record, the learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner was not in a position to appear before the trial Court and contest the proceedings which culminated in the impugned ex parte order passed in favour of the respondent and as such, the petitioner is before this Court by way of present petitions.

¶44

It is submitted that if one more opportunity is provided to the petitioner, it would file its statement of objections and contest the proceedings by setting aside the impugned order and remitting the matter back to the trial Court for reconsideration afresh in accordance with law.

¶45

Per contra, the learned counsel for the respondent, submits that there is no merit in the petition and is liable to be dismissed. Alternatively, it is submitted

¶46

¶47

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶48

that in the event if this Court were to grant indulgence in favour of the petitioner, a sum of Rs.10,000/- deposited by the petitioner in these petitions before this Court may be released in favour of the respective respondent in these petitions.

¶49

In view of the aforesaid facts and circumstances and submissions made on behalf of the respondent, without expressing any opinion on the merits/de-merits on the rival contentions and in order to provide one more opportunity to file its objections and contest the petitions before the trial Court on merits, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for reconsideration afresh in accordance with law. In the result, the following:

¶50

ORDER

¶51

[a] The petitions are hereby allowed.

¶52

[b] The impugned order dated 18.10.2019 in Civil Misc. No.292/2019 on the file of the I Additional District and Sessions Judge, Chitradurga in W.P. No.2119/2021 and the

¶53

¶54

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶55

impugned order dated 20.01.2020 in Civil Misc. No.225/2019 on the file of the Special II Additional District and Sessions Judge, Chitradurga in W.P. No.2125/2021 are hereby set aside.

¶56

[c] The matter is remitted back to the respective trial Courts for reconsideration afresh in accordance with law.

¶57

[d] The parties undertake to appear before the trial Court on 05.02.2024 without further notice and undertake to file their statement of objections to the petition before the respective trial Court on 05.02.2024 without seeking any adjournment under any circumstances whatsoever.

¶58

[e] The respective trial Courts are directed to provide an opportunity to both the parties to adduce evidence and dispose of the petitions within a period of six weeks from 05.02.2024.

¶59

¶60

NC: 2024:KHC:1467 WP No. 2119 of 2021 C/W WP No. 2125 of 2021

¶61

[f] All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

¶62

[g] The registry of this Court is directed to transfer the sum of Rs.10,000/- deposited by the petitioner to the account of the respective respondent to be furnished by them to the registry.

¶63

SD/JUDGE

¶64

AN/-

Managing Director v. Banjaiah

Case brief

What is this about?

What did the court decide?

Managing Director v. Banjaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V Sathish Vs Rajeshwari

Ravi Naik Vs B G Chandrashekharappa

Sri M N Karthik Vs Sri B R Srinivas

Sri T Pavan Kumar Vs Sri N Ramesh

B Krishna Reddy Vs Bangalore Electricity

Smt Sharfunissa Vs Touffeq Ahmed