IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.33970/2019 (GM-CPC) C/W WRIT PETITION NO.35256/2019 IN W.P.NO.33970/2019:
BETWEEN MORGAN SECURITIES & CREDITS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT 53, FRIENDS COLONY (EAST), NEW DELHI, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.M.K.JAIN. … PETITIONER (BY SRI.K.ARVIND KAMATH, SR. COUNSEL FOR SRI MAHESH A., ADVOCATE) AND BPL LIMITED, HAVING ITS CORPORATE OFFICE AT NO.64, CHURCH STREET, BENGALURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY. … RESPONDENT (BY SRI DHANANJAY V. JOSHI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.07.2019 (ANNEXURE- A) PASSED BY THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-38) BENGALURU CITY ON I.A. IN EXECUTION PETITION NO.4621 OF 2018 AND ETC.
IN W.P.NO.35256/2019:
BETWEEN BPL LIMITED, HAVING ITS CORPORATE OFFICE AT NO.64, CHURCH STREET, BENGALURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY. … PETITIONER (BY SRI DHANANJAY V. JOSHI, ADVOCATE) AND MORGAN SECURITIES & CREDITS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT 53, FRIENDS COLONY (EAST), NEW DELHI. … RESPONDENT (BY SRI K.ARVIND KAMATH, SR. COUNSEL FOR SRI MAHESH A.S, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD:22.7.2019 PASSED BY THE HON'BLE XXXVII ADDL. CITY AND SESSION JUDGE, BANGALORE IN EXECUTION PETITION, EP NO.4621/2013 AND DIRECT THE HON'BLE TRAIL COURT TO ADJUDICATE UPON THE PETITIONER'S APPLICATION UNDER SECTION 33 OF THE KARNATAKA STAMP ACT, 1957 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the learned counsel for the parties having argued the matter for some time, have stood tall at the Bar and graciously are broadly in agreement with the suggestion of this Court that the impugned orders should be set at naught for its inconguity apparent on it’s face of the record and that the matter be remanded to the court below for consideration afresh.
Ordered accordingly.
2. Keeping in view the direction of this court granted in earlier round of litigation i.e., in W.P.No.22607/2019, the learned Principal District Judge shall allot this matter for hearing, to some other Judge than the author of the impugned order that has been now set at naught.
3. It is needless to mention that all the applications that are comprised in the above earlier order of this court shall be taken up for consideration together and disposed off expeditiously in accordance with law, after hearing both the stakeholders.
Writ Petition is disposed off.
No costs.
Sd/- JUDGE cbc