IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.29048/2019 (GM-CPC) Between:
M/s.Diaamond Granites, No.867/4A, Smuduganda Palli, Hosur Taluk, Denkanikota Road, T.N-635 113, Camp: Bengaluru, Represented by its authorized agent, Mr.Ashish Samani, Aged about 40 years. ... Petitioner (By Sri.A.Mahesh Chowdhary, Advocate) And:
1. Rajani Kulkarni, A-42, Devaraj Urs Trucks Terminals, Opp. Kanteerva Studios, Yashwantpur, Bengaluru-560 022.
2. Oceanus Transports No.12, Grass Village, 1st A Main, BEML Township Road, GM Palya, New Thippasandra, Bengaluru-566 075.
3. Silver Bay Shipping No.8/2, BEML, TownShip, Rajkumar Road, New Tippasandra, Bengaluru-566 075.
4. M/s. Solar Carog & Clearing Pvt. Ltd., A-42, Devaraj Urs Trucks Terminals, Opp. Kanteerva Studios, Yashwantpur, Bengaluru-560 022.
5. KMK Shipping and Clearing Pvt Ltd, Old No.76, New No.153, 4th Floor, Thambu Chetty Street, Chennai-600 001.
6. Easyway Trucks Pvt. Ltd. New No.192, Old No.237, 2nd Floor, Thambuchetty Street, Mannady, Chennai-600 001.
Rep. by its Director. …Respondents (By Smt. Revathi Adinath Narde, Advocate for R-1 to 6) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the Hon’ble LXXXII Additional City Civil and Sessions Judge, Bengaluru (CCH-83) to consider application vide Annexure-B, filed in terms of Order 39 Rule 1 and 2 read with Section 151 of CPC in COM O.S.No.94/2019 pending before it, in accordance with law within a time frame.
This Writ Petition coming on for Orders, this day, the Court made the following:-
O R D E R Having heard the learned counsel for the petitioners and Smt. Revathy Adinath Narde, learned counsel for respondent Nos.1 to 6, this court is of considered opinion that no prejudice would be caused to anyone by granting the innocuous prayer in the writ petition.
2. Therefore the learned LXXXII Additional City Civil Judge, Bengaluru, is requested to take up the petitioner’s application i.e., I.A.No.1 filed under Order XXXIX Rules 1 & 2 r/w Section 151 of the Code of Civil Procedure in O.S.No.94/2019 and to dispose of the same within an outer limit of one month from this day.
Accordingly, the petition is partly allowed.
Sd/- JUDGE BMC/-