Rgti Ltd vs Khasim Ali
2023 Latest Caselaw 647 Kant

                               1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF JANUARY 2023

                          PRESENT

THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                             AND

THE HON'BLE MR.JUSTICE T.G.SHIVASHANKARE GOWDA


        WRIT APPEAL No.1089/2016 (GM-RES)

Between:

RGTI Ltd., Pipe Line
C.S.No.5, At Jalsangi
Taluk: Humnabad
District: Bidar-585 418
Represented by its
Chairman
Now represented by
Vice President (Legal)
                                             ...Appellant

(By Sri Sudarshan M., Advocate)


And:

1.     Khasim Ali S/o Mastansab
       Age: 65 years, Occ: Agriculture
       R/o: Village Jalsangi, Taluk: Bidar
       District: Bidar-585 418
                            2

2.   Competent Authority
     Reliance Gas Transportation
     Infrastructure Ltd.,
     No.CS-5, Jalsangi Cross
     Humnabad- Bidar Road
     Jalsangi, Taluk: Humnabad
     Bidar-585 418
                                           ...Respondents

(By Sri Ganesh Deshpande, Advocate for R1;
Respondent No.2 served)


       This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, 1961, praying to set aside the
judgment and common order dated 03.03.2016 passed in
Writ Petition No.103949/2013 along with other writ
petitions on the files of the learned Single Judge of the
Hon'ble High Court of Karnataka, Kalaburagi Bench at
Kalaburagi and consequently, allow Writ Petition
No.103949/2013 and other writ petitions.

    This appeal coming on for orders this day,
SREENIVAS HARISH KUMAR J., made the following:

                        ORDER

Heard Sri Sudarshan M., learned counsel for the

appellant and Sri Ganesh Deshpande for respondent

No.1 on I.A.Nos.1/2022 and 2/2022.

2. I.A.No.1/2022 is filed under Section 4 of

the Karnataka High Courts Act read with Order VI Rule

17 of Code of Civil Procedure seeking amendment to

the cause title of the memorandum of writ appeal. It

is stated that the company Reliance Gas

Transportation Infrastructure Limited was named East

West Pipeline (EWPL) pursuant to the certificate of

incorporation dated 20.03.2018 issued by the

Registrar of Companies, Gujarat. Subsequently, on

account of de-merger of companies, the name of

appellant's company was again changed and the

present name is Pipeline Infrastructure Private Limited

(PIPL). In this connection certificate of incorporation

issued by Registrar of Companies, Mumbai has been

produced. In view of these developments, the

present application has been filed for amending the

cause title.

3. Counsel for respondent No.1 has no

objection for allowing the application.

4. For the foregoing reasons, application

stands allowed. Appellant is permitted to amend the

cause-title of the writ appeal and incorporate the new

name i.e., Pipeline Infrastructure Private Limited

(PIPL) in the cause title.

5. I.A.No.2/2022 is filed under Section 4 of

Karnataka High Courts Act read with Section 151 of

Code of Civil Procedure for transferring the amount

deposited before this court to the District Court, Bidar

in compliance of the interim order of stay. It is stated

that there was a settlement between the parties

before the Lok-Adalath on 18.12.2021. In view of the

settlement, the amount lying in deposit before this

court needs to be transferred to the court of first

instance i.e., District Court, Bidar. This is not

objected to by the first respondent's counsel.

Therefore application I.A.No.2/2022 stands allowed

and the amount lying in deposit in this court in

connection with this writ appeal is ordered to be

transferred to the District Court, Bidar.

In view of settlement before Lok-Adalath, this

writ appeal does not survive. Therefore writ appeal

stands disposed of.

All other applications which have not been

disposed, stand disposed of.

Sri Ganesh Deshpande, learned counsel is

permitted to file vakalat for respondent No.1 within

two weeks.

Sd/-

JUDGE

Sd/-

JUDGE BL