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2000 Supreme(Kar) 661

G.C.BHARUKA, H.RANGAVITTALACHAR
STATE OF KARNATAKA, CHIEF SECRETARY – Appellant
Versus
NANDI AGRO PRIVATE LIMITED – Respondent


Advocates:
A.N.JAYARAM NAIDU, K.H.JAGADISH, Pramila

BHARUKA, J.

( 1 ) THE Government of Karnataka and its servants being faced with an ex-parte money decree for Rs. 56,68,734/- have preferred this regular First Appeal under Section 96 of the Code of Civil Procedure, 1908. The impugned judgment and decree dated 27. 5. 2000 has been passed in O. S. No. 16255/1999 by Sri D. V. Shet, XXVth Additional city Civil Judge at Mayohall, Bangalore (CCH-20 ).

( 2 ) THE facts which have transpired during the hearing of the present appeal eloquently speaks as to how the manipulations, manoeuvering, latches and carelessness at various levels of State organs can result in grave abuse of process of the Court and imperil the public revenue.

( 3 ) RESPONDENT No. 1, which is a private limited Company, had filed a suit in question seeking a decree in a sum of Rs. 56,91,734 with interest at 21% per annum against the appellants-State of karnataka through its Chief Secretary and others, who are defendants 1 to 4 in the Court below. Since according to the Court below, despite service of notices, defendants neither filed their written statements nor appeared on the dates fixed for hearing of the suit, therefore they were placed ex-parte and ultimately the sui




























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