Karnataka High Court
Mysore Sales International Ltd vs Godrej And Boyce Manufacturing ... on 11 July, 2023
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:24007
WP No. 11466 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.11466 OF 2022 (GM-CPC)
BETWEEN:
MYSORE SALES INTERNATIONAL LTD.,
MSIL HOUSE, NO.36
CUNNINGHAM ROAD
BANGALORE-560 052.
REP. BY ITS CHIEF GENERAL MANAGER
A COMPANY REGISTERED UNDER
COMPANIES ACT, 1956.
...PETITIONER
(BY SRI. VEDAMURTHY M V., ADVOCATE)
AND:
GODREJ AND BOYCE MANUFACTURING COMPANY LTD.,
REGD. OFFICE AT PIROJSHANAGAR
VIKHROLI (W)
MUMBAI-400 079
Digitally BANGALORE BRANCH OFFICE AT
signed by THE KARNATAKA FILM CHAMBERS OF COMMERCE
CHANDANA NO.28, 1ST MAIN, CRESCENT ROAD,
BM HIGH GROUNDS, BANGALORE-560 001
Location: REP. BY ITS BRANCH COMMERCIAL MANAGER
High Court of SRI P RAGHAVAN
Karnataka REGISTERED UNDER SECTION 149(3)
OF THE COMPANIES ACT, 1956.
...RESPONDENT
(BY SRI. R. KIRAN., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
AND EXAMINE THE LEGALITY AND VALIDITY OF THE ORDER
DATED 02.06.2022 IN MISC.PETITION NO.705/2022 PENDING ON
THE FILE OF THE XLI ADDL.CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (CCH-42) WHICH IS AT ANNEXURE-E AND ISSUE A
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WP No. 11466 of 2022
WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE
SAME IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated
02.06.2022 passed in Misc.No.705/2022 on the file of the XLI Addl.
City Civil & Sessions Judge, Bengaluru, whereby the application
filed by the petitioner under Section 151 CPC seeking stay of
further proceedings in Ex.P.No.1411/2021 was rejected by the Trial
Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. The material on record discloses that aggrieved by the
ex-parte judgment and decree dated 26.02.2021 passed in
O.S.No.8345/2013, petitioner - defendant has instituted the
aforesaid Misc.No.705/2022 under Order 9 Rule 13 CPC seeking
setting aside of the said ex-parte judgment and decree. Since, the
respondent - decree holder had instituted Ex.P.No.1411/2021 to
enforce the said judgment and decree, petitioner filed the instant
application under Section 151 CPC in Misc.No.705/2022 seeking
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WP No. 11466 of 2022
stay of the said judgment and decree. The said application having
been dismissed by the Trial Court, petitioner is before this Court by
way of the present petition.
4. Learned counsel for the respondent submits that the
respondent has no objection for the aforesaid Misc.No.705/2022 to
be allowed and O.S.No.8345/2013 be restored to the file of the
Trial Court with a direction for disposal of the suit within a stipulated
time frame.
5. The said submission is placed on record.
6. In view of the aforesaid facts and circumstances and
submission made on behalf of the respondent, without expressing
any opinion on the merits / demerits of the rival contentions, I deem
it just and appropriate to dispose of this petition by setting aside the
judgment and decree dated 26.02.2021 passed in
O.S.No.8345/2013 and restore the suit to the file of the Trial Court
and issue necessary directions in this regard.
7. In the result, I pass the following:
ORDER
(i) The petition is herby allowed.
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WP No. 11466 of 2022
(ii) The impugned order dated 02.06.2022 passed in
Misc.No.705/2022 by the XLI Addl. City Civil & Sessions
Judge, Bengaluru, is hereby set aside.
(iii) So also, Misc.No.705/2022 filed by the petitioner
is hereby allowed and consequently, O.S.No.8345/2013
stands restored to the file of the Trial Court, which is directed
to dispose of the suit in accordance with law.
(iv) Both parties undertake to appear before the Trial
Court on 31.07.2023 without awaiting any further notice from
the Trial Court.
(v) The Trial Court is directed to dispose of the suit
as expeditiously as possible and at any rate on or before
21.12.2023.
Sd/-
JUDGE
SV
