IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.59/2018 (GM-TEN) BETWEEN:
M/S.AMPOLT ELECTRONICS INDIA PVT. LTD. (R) #78, 4TH MAIN KAVITHA HOSPITAL ROAD SUNKADAKATTE MAGADI MAIN ROAD BENGALURU-560 091 REP. BY ITS MANAGING DIRECTOR SRI RAVISHANKAR AGED ABOUT 35 YEARS … PETITIONER (BY SRI M.SHIVAPRAKASH, ADVOCATE [ABSENT]) AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE MANAGING DIRECTOR BANGALORE ELECTRIC SUPPLY COMPANY (BESCOM) K.R.CIRCLE BENGALURU-560 001 3. THE DIRECTOR-TECHNICAL BANGALORE ELECTRIC SUPPLY COMPANY (BESCOM) K.R.CIRCLE BENGALURU-560 001 4. THE GENERAL MANAGER (DSM) BANGALORE ELECTRIC SUPPLY COMPANY (BESCOM) K.R.CIRCLE BENGALURU-560 001 5. M/S.IC INDIA PRIVATE LIMITED #565, 30TH MAIN ROAD KATRIGUPPE, BSK III STAGE BANGALORE-560 085 REP. BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1;
SRI H.PAVANACHANDRA SHETTY, ADVOCATE FOR R5;
SRI SRIKANTH PATIL K., ADVCOATE FOR R4 [ABSENT];
R2 & R3 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER OF INTENT DATED 26.12.2017 (ANNEXURE-H) ISSUED BY RESPONDENT NO.4 AND CONSEQUENTLY TO DIRECT THE RESPONDENT AUTHORITIES TO DISPOSE OF THE APPEAL ON MERITS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri H.Pavanachandra Shetty, learned Counsel for respondent No.5.
None for respondent No.4.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks to quash the Letter of Intent dated 26.12.2017 issued by the fourth respondent and to direct the respondent authorities to dispose of the appeal on merits.
4. After perusal of the contents of the writ petition, the same is disposed of with a direction that in case, if the appeal filed by the petitioner is still pending before the Appellate Authority, the same shall be decided within one month from today by a speaking order, after affording an opportunity of hearing to the parties.
Accordingly, the petition is disposed of.
Sd/- JUDGE LB