Disposed

M/S Hytech Steel Foundry Private Limited v. M/S Hytech Machine Tools and

Karnataka HC16 Oct 2024WP/27766/2024

Case brief

AI extract

What is this about?

Plaintiff sought a writ direction for early disposal of a pending impleadment application under Order I Rule 10(2) CPC and speedy trial of a commercial suit before the Principal District Judge. The High Court disposed of the petition requesting the trial Judge to decide the application expeditiously and endeavour to try the suit.

What the court decided

AI extract

M/S Hytech Steel Foundry Private Limited Vs… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:41700 WP No. 27766 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF OCTOBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 27766 OF 2024 (GM-CPC)

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BETWEEN:

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M/S HYTECH STEEL FOUNDRY PRIVATE LIMITED PLOT NO.376 P & 378 P (A COMPANY REGISTERED UNDER THE COMPANIES ACT) SOMAPURA 1^ST STAGE, SOMAPURA INDUSTRIAL AREA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 132. REPRESENTED BY ITS DIRECTOR MR ARUN NARAYAN SHETTY, AGED ABOUT 72 YEARS, S/O LATE NARAYANA SHETTY, R/AT FLAT NO G-103, HRC IBBANI, ARKAVATHI LAYOUT, OPP VIBHOUR SCHOOL, JAKKUR, BENGALURU 560 064.

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…PETITIONER

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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(BY SRI. RANJAN KUMAR K.,ADVOCATE)

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AND:

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M/S HYTECH MACHINE TOOLS AND AUTOMATION (INDIA) PRIVATE LIMITED PLOT NO 376P AND 378P, (A COMPANY REGISTERED UNDER THE COMPANIES ACT) SOMAPURA 1^ST STAGE, SOMAPURA INDUSTRIAL AREA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT – 562 132. REPRESENTED BY ITS DIRECTOR SRI K.M. NAGARAJU.

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…RESPONDENT

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2 - NC: 2024:KHC:41700 WP No. 27766 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE HONBLE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT TO DISPOSE OF IA NO.1 FILED UNDER ORDER 1 RULE 10 OF CPC BY RESPONDENT IN COMM O.S.NO. 176/2023 WITHIN A PERIOD OF 15 DAYS FROM THE NEXT DATE OF HEARING (ANNX-G) AND DIRECTION TO THE HONBLE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT TO DISPOSE OF COMM O.S.NO. 176/2023 PENDING ON ITS FILE WITHIN A PERIOD OF 3 MONTHS OR ANY OTHER PERIOD FIXED BY THIS HONBLE COURT (ANNX-J).

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

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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ORAL ORDER

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Petitioner-plaintiff is knocking at the doors of Writ Court seeking a direction for early disposal of respondent’s I.A.No.1 filed under Order I Rule 10(2) read with Section 151 of CPC, 1908 in Com.O.S.No.176/2023 within 15 days. He also seeks a direction to the learned Principal District Judge, Bangalore Rural District, to try & dispose off the said commercial case, within a period of three months. Regard being had to innocuous prayer, notice to other side is dispensed with.

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3 - NC: 2024:KHC:41700 WP No. 27766 of 2024

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The petition is disposed off requesting the learned trial Judge to take up the subject application for consideration and disposal expeditiously, if not on a warfooting. He is also requested to make endeavor to try & dispose off the suit itself keeping in mind the other priorities.

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Registry to send a copy of this order to the respondent by Speed Post, forthwith.

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Sd/(KRISHNA S DIXIT) JUDGE

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cbc List No.: 1 Sl No.: 17

M/S Hytech Steel Foundry Private Limited v. M/S Hytech Machine Tools and

Case brief

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What the court decided

M/S Hytech Steel Foundry Private Limited v. M/S Hytech Machine Tools and

Case brief

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