IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9316 OF 2015 (GM-CPC) BETWEEN:
M/S CONSOLIDATED COFFEE LTD., (NOW KNOWN AS M/S TATA COFFEE LIMITED) A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913 HAVING ITS REGISTERED OFFICE AT POLLIBETTA, KODAGU KARNATAKA 571218 AND HAVING ITS CORPORATE OFFICE AT NO.57, RAILWAY PARALLELL ROAD KUMARA PARK WEST BANGALROE-560020 AND REPRESENTED HEREIN BY ITS MANAGER (INDUSTRIAL RELATIONS) AND AUTHORISED SIGNATORY SRI. VIJAY KARNAD.
(By Mr. SREENATH V.K. ADV., FOR Mr. THOMAS VELLAPALLY, ADV.,) AND:
MR M. SATISH S/O LATE SRI. M.T. MALLEGOWDA MAJOR, COFFEE PLANTER R/AT GURUDARSHINI ESTATE MAVINAHALLI VILLAGE KASBA HOBLI, KAIMARA POST … PETITIONER CHIKMAGALUR TALUK-577101. … RESPONDENT (By Mr. L.S. CHIKKANAGOUDAR, ADV.) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash Ann-L order dated 31.10.2014 passed by the Hon’ble Prl. Senior Civil Judge at Chikmagalur in I.A.3 in R.A. 87/1994 and etc.
This Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Sreenath V.K., for Sri.Thomas Vellapally, learned counsel for the petitioner.
Mr.L.S.Chikkanagoudar, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 23.11.2012 passed by the Trial Court by which application preferred by the respondent under Section 152 of the Code of Civil Procedure, 1908 has been allowed. The impugned order reads as under:
“Notice issued to defendants duly served. They are absent. Hence, it appears then the defendants have no objection. Therefore, I.A.9 is allowed. Plaintiff is permitted to carry out the amendment.”
4. Thus from perusal of the impugned order, it is evident that the Trial Court had not adjudicated I.A.No.9 i.e., the application under Section 152 of the Code and has not assigned any reasons for allowing the same but has allowed the application merely on the presumption that despite service of notice since, the defendants in the proceedings have not appeared therefore, they have no objection to allowing the aforesaid application. No application filed before any court of law could be allowed on such a ground as the same will be allowed to abdication of judicial function. The impugned order is cryptic and suffers from vice of non-application of mind and it cannot be sustained in the eye of law. Accordingly, the impugned order is quashed and set aside with a direction to the Trial Court to decide the application filed by the respondent afresh by a speaking order after affording an opportunity of hearing to both the parties. Needless to state that it will be open for the parties to raise all the contentions before the Trial Court.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS