M/S Vibes Healthcare Pvt. Limited Vs Syed Khaleem

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NC: 2025:KHC:50320 CRP No. 167 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 167 OF 2024 (SC)

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BETWEEN:

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M/S VIBES HEALTHCARE PVT LIMITED J P NAGAR, 253, GROUND FLOOR 24TH MAIN, 6TH CROSS, 5TH PHASE J P NAGAR, BANGALORE - 560 078 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. ASHIT KUMAR PARIDA …PETITIONER

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(BY SRI. AZHAR ALI FAROOQI, ADVOCATE) AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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SYED KHALEEM MAJOR IN AGE S/O ABDUL AZEEZ RESIDING AT NO.17, H SIDDAIAH ROAD ALLAMIN QUARTERS, 3RD CROSS, BADAMAKAN BENGALURU SOUTH BENGALURU - 560 027.

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NAYAZ PASHA S/O FEROZ PASHA MAJOR IN AGE, RESIDING AT NO.16H, H. SIDDAIAH ROAD ALLAMIN QUARTERS 3RD CROSS, BADAMAKAN BENGALURU SOUTH BENGALURU - 560 027. …RESPONDENTS (BY SRI. PRADEEP G.C, ADVOCATE FOR R1 AND R2)

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2 - NC: 2025:KHC:50320 CRP No. 167 of 2024

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HC-KAR

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THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 03.11.2023 PASSED IN MISC.NO.23/2021 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri.Ashar Ali Farooqi, learned counsel for the revision petitioner and Sri.Pradeep G. C., learned counsel for the respondents.

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Defendant is the revision petitioner who has been placed ex-parte and ex-parte decree for money recovery came to be filed.

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Defendant filed an application Order IX Rule of 13 Code of Civil Procedure (hereinafter ‘CPC’ for short) which came to be dismissed in Miscellaneous No.23/2021 by order dated 03.11.2023. Therefore, defendant is before this Court.

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NC: 2025:KHC:50320 CRP No. 167 of 2024

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HC-KAR

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At the outset, it is found that the refusal shara

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has been acted by the learned Trial Judge without there being any independent witnesses when the process server wrote the refusal shara on the Court's summons.

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Trial Court did not deem it fit to send the notice by post and accepted the refusal shara and proceeded with decreeing of the suit ex-parte .

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Therefore, this Court is of the considered opinion that when there is no compliance to the requirement under Order V Rule 17 of CPC in getting the independent witnesses with regard to the shara that has been made by the process server on the Court summons; an opportunity needs to be provided for the defendant to contest the suit on merits.

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Accordingly, without expressing any further opinion on the merits of the matter, ex-parte order needs to be set aside.

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NC: 2025:KHC:50320 CRP No. 167 of 2024

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HC-KAR

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At the same time, the hardship that has been

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caused to the plaintiff cannot be lost sight of and therefore, reasonable cost is to be imposed.

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Hence, following:

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ORDER

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i. Revision petition is allowed on payment of cost Rs.10,000/payable on or before 15.12.2025.

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ii. After payment of cost, suit shall stand restored.

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iii. Parties shall appear before the trial Court without further notice on 17.12.2025 and thereafter, learned Trial Judge shall dispose of the case in accordance with law.

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