IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION No.52882 OF 2017 (GM-CPC) BETWEEN Bangalore Electricity Supply Company Ltd., Represented by its General Manager, Ele, Procurement, BESCOM., K.R.Circle, Bengaluru-560001.
(By Sri. H.V.Devaraju, Advocate) AND M/s. N.C.Das (Electrical) and Company, Represented by Sri.Rohitaswa Das, Proprietor, Office at 12/5, Muslaman Para Lane, Howrah—711101.
Represented by its S.P.A.Holder, Sri.Arun Agarwal.
(By Sri. K.Diwakara, Advocate - Absent) …Petitioner …Respondent This Writ Petition is filed under Article 227 of the Constitution of India praying to call for connected records relating to annex-J in O.S.No.2659/2015 on the file of the 20th Additional City Civil and Sessions Judge, Bengaluru, and etc., This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the court made the following:
ORDER Heard the petitioner’s counsel. Counsel for the respondent is absent.
2. In this Writ Petition, the petitioner has called in question the order at Annexure-J dated 1.8.2017 passed on I.A.No.1 in O.S.2659/2015 on the file of the XX Additional City Civil and Sessions Judge, Bengaluru. The petitioner has also sought a writ of mandamus to the trial court for receiving its written statement.
3. According to the submission made by the petitioner’s counsel, there was a delay of 324 days in filing the application seeking permission to file written statement. The reason for the delay is stated to be the concerned officer not providing information to the counsel for preparing the written statement. Though this reason is difficult to be believed, regard being had to the nature of the reliefs claimed by the plaintiff, the petitioner can be permitted to file its written statement. Petitioner is the Bangalore Electricity Supply Company Limited - an institution. Therefore, this Writ Petition can be allowed by imposing costs on the petitioner.
4. Hence, by imposing cost of Rs.25,000/- payable to the respondent/plaintiff, the Writ Petition stands allowed. The order of the trial court at Annexure-J is quashed. The application under section 151 CPC seeking permission to file written statement is allowed. Trial court is directed to accept the written statement of the petitioner and proceed further in the matter in accordance with law. Costs shall be paid to the respondent on the next date of hearing of the suit positively.
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