IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51776 OF 2019 (GM-CPC) BETWEEN:
M/S. INDOSTAR CAPITAL FINANCE LIMITED, HAVING OFFICE AT NO.13, CNR CHAMBERS, 4TH FLOOR, KASTURBA ROAD, BENGALURU – 560 001, REPRESENTED BY ITS AUTHORIZED OFFICER, MR. RAGHUNANDAN.B.P.
(BY SRI. PATIL J.M., ADVOCATE) AND:
1 . SMT. NALINI. M.K. W/O VISHWANATH AGED ABOUT 38 YEARS, 2 . SMT. NANDINI M.K., W/O J.NAGARAJ, AGED ABOUT 39 YEARS, 3 . SRI. KANTHARAJ.M S/O LATE MAYAGAIAH, AGED ABOUT 78 YEARS, 4 . SMT. VIJETHARAJ, D/O KANTHARAJ AGED ABOUT 35 YEARS ... PETITIONER ALL ARE RESIDING AT NO.1074, 11TH MAIN, 2ND STAGE NAGAPURA, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU NORTH TALUK – 560 086.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO DISPOSE OF THE IA.NO.2 AT THE NEXT DATE OF HEAIRNG I.E., ON 07.12.2019 OR WITHIN A FIX TIME PERIOD, WHICH IS PENDING ON THE FILES OF THE HONBLE XXXIV ACC AND SESSIONS JUDGE, CITY CIVIL COURT, BANGALORE IN O.S.NO.3108/2019 (ANNEXURE-E TO THE WRIT PETITION); AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioner-financier is against non-consideration of its application in I.A.No.2 filed under Order VII Rule 11(d), by the learned Trial Judge in O.S.No.3108/2019. Notice to respondents is dispensed with since the prayer in the writ petition is innocuous and that they will have an opportunity of opposing the application when it is taken up for the consideration in the Court below.
2. It is a settled principle of law of judicial process that interlocutory applications moved in the main matter ordinarily need to be addressed expeditiously subject to all just exceptions into which the case of the petitioner arguably does not fall.
In the above circumstances, this writ petition is disposed off directing the learned XXXIV Additional City Civil Judge, Bengaluru to consider and dispose off the subject application within an outer limit of eight weeks, keeping open all the contentions of the parties.
Sd/- JUDGE DS