Karnataka High Court
M/S Seundo Energy Pvt. Ltd vs Mangalore Refinery And Petrochemicals ... on 14 October, 2024
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NC: 2024:KHC:41299-DB
WA No. 1491 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1491 OF 2024 (GM-RES)
BETWEEN:
1. M/S SEUNDO ENERGY PVT. LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE AT
NO.733, 2ND FLOOR, LEO ARCADE
19TH MAIN, 9TH CROSS
MEI LAYOUT, BAGALUGUNTE
BENGALURU - 560 073
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
...APPELLANT
(BY SRI S. SRIRANGA, SENIOR ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE)
Digitally
signed by AND:
AMBIKA H B 1. MANGALORE REFINERY AND
Location: PETROCHEMICALS LIMITED
High Court A COMPANY INCORPORATED UNDER
of Karnataka THE COMPANIES ACT, 1956
SCHEDULE A GOVERNMENT OF INDIA
ENTERPRISE HAVING ITS REGISTERED
OFFICE AT KUTHETHOOR P O
VIA KATIPALLA
MANGALURU - 575 030
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENT
(BY SRI C.K. NANDA KUMAR, SENIOR ADVOCATE FOR
SRI PRASANTH V G, ADVOCATE)
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NC: 2024:KHC:41299-DB
WA No. 1491 of 2024
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
ORDER DATED 01.10.2024 PASSED BY THE LEARNED SINGLE
JUDGE IN WP No-26754/2024 (GM-RES) AND CONSEQUENTLY
GRANT THE ORDER SOUGHT AS INTERIM ORDERS IN THE WP IN
THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
When this writ appeal was taken up for consideration, upon a
query put to learned Senior Advocate Mr. S. Sriranga for the
appellant as to which order is under challenge, the order which
could be pointed out was the order dated 27.09.2024 figuring at
page 30 which reads as, "Re-list in fresh matters on 01.10.2024",
as well as the order 01.10.2024 which only repeats to re-list the
matter on 24.10.2024.
2. Therefore, evidently no order is passed by learned Single
Judge, much less any judgment, which could be subjected to
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appeal in the appellate jurisdiction under Section 4 of the
Karnataka High Court Act, 1961.
3. Furthermore, the writ petition is pending at large on merits
before learned Single Judge to be next posted on 24.10.2024. The
only grievance which could be raised by learned Senior Advocate
for the appellant is that in the meantime, the respondent has been
allegedly taking precipitative actions and the prayer for interim relief
has not been considered by learned Single Judge.
4. In absence of any order and in view that the petition is yet to
be considered on merits by learned Single Judge, there is no good
reason for this Court to entertain the writ appeal.
5. Learned Single Judge may take up the writ petition including
the prayer for interim relief in accordance with law on 16.10.2024,
as requested and agreed by both the sides.
6. It was pointed out that by the order dated 04.10.2024, the
Coordinate Bench has passed order providing for interim
arrangement. The same arrangement shall continue to operate till
16.10.2024. It is however observed that continuation of the interim
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arrangement, as provided in the aforesaid order dated 04.10.2024,
does not have any reflection on the merits of the case.
7. The writ appeal is accordingly dismissed only on aforesaid
ground with above observation.
In view of dismissal of the appeal, the interlocutory
applications would not survive and they stand accordingly disposed
of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
AHB
