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2022 Supreme(Online)(Kar) 44592
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER 2022
BEFORE
THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.20259/2022
C/W
WP NOS. 5285/2022, 5301/2022, 5303/2022,
5304/2022, 5392/2022, 19269/2022, 20235/2022,
20278/2022 AND 20286/2022 [GM-CPC]
IN WP NO.20259/2022
BETWEEN :
M/S ANAND TRANSPORT PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING REGISTERED OFFICE AT
MGM-CENTRE, NO.1, 9TH STREET,
DR RADHAKRISHNAN SALAI, MYLAPORE,
CHENNAI-600004, SRI K VASUDEVAN,
GENERAL MANAGER-LEGAL
AND CO ORDINATION.
... PETITIONER
(BY SRI. S V BHAT, ADVOCATE)
AND :
1.
M/S KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
2
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
NO.82, SHAKTHI BHAVAN, 6TH FLOOR,
RACE COURSE ROAD,
BANGALORE-560001
REPRESENTED BY ITS
MANAGING DIRECTOR.
2.
THE SUPERINTENDING ENGINEER (FUELS)
M/S KARNATAKA POWER
CORPORATION LTD.,
NO.82, SHAKTHI BHAVAN,
3RD FLOOR, RACE COURSE ROAD,
BANGALORE-560 001.
3.
THE MANAGER
STATE BANK OF INDIA,
CHENNAI MAIN BRANCH,
2ND LINE BEACH ROAD,
CHENNAI-600001.
... RESPONDENTS
(BY SRI. AJAY J.N., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
FOR
DIRECTION, TO SET ASIDE THE ORDER DATED 11.01.22
IN
SO
FAR
AS
PORTION
REJECTING
THE
TWO
APPLICATIONS FILED BY THE PETITIONERS UNDER RULE
9 OF SCHEDULE TO THE COMMERCIAL COURTS ACT
READ WITH ORDER XVIII RULE 4(1) (1-B) AND RULE 5 OF
ORDER XI OF THE AMENDED CPC COM.O.S. NO
5654/2016 ON THE FILE OF THE LXXXII ADDITIONAL CITY
CIVIL JUDGE, BENGALURU AT ANNEXURE-J.
IN WP NO. 5285/2022
BETWEEN :
1.
KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED
3
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 82, SHAKTI BHAVAN,
6TH FLOOR, RACE COURSE ROAD,
BENGALURU 560001
REPRESENTED BY ITS LAW
OFFICER AND AUTHORIZED
SIGNATORY SHRI. D. GANGE GOWDA.
2.
THE SUPERINTENDING ENGINEER
(FUELS), NOW RECLASSIFIED AS
SUPERINTENDING ENGINEER (MINES)
M/S KARNATAKA POWER
CORPORATION LIMITED NO.82,
SHAKTHI BHAVAN 3RD FLOOR
RACECOURSE RAOD,
BENGALURU 560001.
... PETITIONERS
(BY SRI. AJAY J N, ADVOCATE)
AND :
1.
M/S ANAND TRANSPORT PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
MGM CENTRE NO.1, 9TH STREET
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI 600004,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER CUM
DIRECTOR SRI K. VASUDEVAN.
2.
THE MANAGER
STATE BANK OF HYDERABAD
CHENNAI MAIN BRANCH
SECOND LINE BEACH ROAD,
CHENNAI 600001.
... RESPONDENTS
(BY SRI. S.V. BHAT, ADVOCATE FOR R1;
4
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 11.01.2022 PASSED BY
THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT (CCH-83) COM.O.S.NO.
10243/2015 PRODUCED HEREWITH AS ANNX-A.
IN WP NO. 5301/2022
BETWEEN :
1.
KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 82, SHAKTI BHAVAN,
6TH FLOOR, RACE COURSE ROAD,
BENGALURU 560001.
REPRESENTED BY ITS LAW
OFFICER AND AUTHORIZED
SIGNATORY SHRI.D. GANGE GOWDA.
2.
THE SUPERINTENDING ENGINEER
(FUELS), NOW RECLASSIFIED AS
SUPERINTENDING ENGINEER (MINES)
M/S KARNATAKA POWER
CORPORATION LIMITED NO.82,
SHAKTHI BHAVAN 3RD FLOOR
RACECOURSE RAOD,
BENGALURU 560001.
... PETITIONERS
(BY SRI. AJAY J N, ADVOCATE)
AND :
1.
M/S ANAND TRANSPORT PVT. LTD.
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956 ,
5
HAVING ITS REGISTERED OFFICE AT
MGM CENTRE NO.1, 9TH STREET
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI 600004,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER CUM
DIRECTOR SRI VR ARUNACHALAM.
2.
THE MANAGER
STATE BANK OF HYDERABAD
CHENNAI MAIN BRANCH
SECOND LINE BEACH ROAD,
CHENNAI 600001.
... RESPONDENTS
(BY SRI. S.V. BHAT, ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 11.01.2022 PASSED BY
THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT (CCH-83) COM.O.S.NO.
5654/2016 PRODUCED HEREWITH AS ANNX-A.
IN WP NO. 5303/2022
BETWEEN :
1.
KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 82, SHAKTI BHAVAN,
6TH FLOOR, RACE COURSE ROAD,
BENGALURU 560001.
REPRESENTED BY ITS LAW
OFFICER AND AUTHORIZED
SIGNATORY SHRI. D. GANGE GOWDA.
6
2.
THE SUPERINTENDING ENGINEER
(FUELS), NOW RECLASSIFIED AS
SUPERINTENDING ENGINEER (MINES)
M/S KARNATAKA POWER
CORPORATION LIMITED NO.82,
SHAKTHI BHAVAN, 3RD FLOOR
RACECOURSE RAOD,
BENGALURU 560001.
... PETITIONERS
(BY SRI. AJAY J N, ADVOCATE)
AND :
1.
M/S ANAND TRANSPORT PVT. LTD.
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956 ,
HAVING ITS REGISTERED OFFICE AT
MGM CENTRE NO.1, 9TH STREET
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI 600004,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER CUM
DIRECTOR SRI V R ARUNACHALAM.
2.
THE MANAGER
STATE BANK OF HYDERABAD
CHENNAI MAIN BRANCH
SECOND LINE BEACH ROAD,
CHENNAI 600001.
... RESPONDENTS
(BY SRI. S.V. BHAT, ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 11.01.2022 DISMISSING
IA FOR PRODUCTION OF DOCUMENTS UNDER ORDER XI
RULE 5 PASSED BY THE LEARNED LXXXII ADDL. CITY
CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-
7
83) COM.O.S.NO. 2798/2016 PRODUCED HEREWITH AS
ANNX-A.
IN WP NO. 5304/2022
BETWEEN :
1.
KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 82, SHAKTI BHAVAN,
6TH FLOOR, RACE COURSE ROAD,
BENGALURU 560001.
REPRESENTED BY ITS LAW
OFFICER AND AUTHORIZED
SIGNATORY SHRI. D. GANGE GOWDA.
2.
THE SUPERINTENDING ENGINEER
(FUELS), NOW RECLASSIFIED AS
SUPERINTENDING ENGINEER (MINES)
M/S KARNATAKA POWER
CORPORATION LIMITED NO.82,
SHAKTHI BHAVAN, 3RD FLOOR
RACECOURSE RAOD,
BENGALURU 560001.
... PETITIONERS
(BY SRI. AJAY J N, ADVOCATE)
AND :
1.
M/S ANAND TRANSPORT PVT. LTD.
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956 ,
HAVING ITS REGISTERED OFFICE AT
MGM CENTRE NO.1, 9TH STREET
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI 600004,
8
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER CUM
DIRECTOR SRI V R ARUNACHALAM.
2.
THE MANAGER
STATE BANK OF HYDERABAD
CHENNAI MAIN BRANCH
SECOND LINE BEACH ROAD,
CHENNAI 600001.
... RESPONDENTS
(BY SRI. S.V. BHAT, ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 11.01.2022 PASSED BY
THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT (CCH-83) COM.O.S.NO.
5655/2016 PRODUCED HEREWITH AS ANNX-A.
IN WP NO. 5392/2022
BETWEEN :
1.
KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO. 82, SHAKTI BHAVAN,
6TH FLOOR, RACE COURSE ROAD,
BENGALURU 560001.
REPRESENTED BY ITS LAW
OFFICER AND AUTHORIZED
SIGNATORY SHRI. D. GANGE GOWDA.
2.
THE SUPERINTENDING ENGINEER
(FUELS), NOW RECLASSIFIED AS
SUPERINTENDING ENGINEER (MINES)
9
M/S KARNATAKA POWER
CORPORATION LIMITED NO.82,
SHAKTHI BHAVAN, 3RD FLOOR
RACECOURSE RAOD,
BENGALURU 560001.
... PETITIONERS
(BY SRI. AJAY J N, ADVOCATE)
AND :
1.
M/S ANAND TRANSPORT PVT. LTD.
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956 ,
HAVING ITS REGISTERED OFFICE AT
MGM CENTRE NO.1, 9TH STREET
DR. RADHAKRISHNAN SALAI
MYLAPORE, CHENNAI 600004,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER CUM
DIRECTOR SRI V R ARUNACHALAM.
2.
THE MANAGER
STATE BANK OF HYDERABAD
CHENNAI MAIN BRANCH
SECOND LINE BEACH ROAD,
CHENNAI 600001.
... RESPONDENTS
(BY SRI. S.V. BHAT, ADVOCATE FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 11.01.2022 PASSED BY
THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, COMMERCIAL COURT (CCH-83) COM.O.S.NO.
10244/2015 PRODUCED HEREWITH AS ANNX-A.
10
IN WP NO.19269/2022
BETWEEN :
M/S ANAND TRANSPORT PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING REGISTERED OFFICE AT
MGM-CENTRE, NO.1, 9TH STREET,
DR RADHAKRISHNAN SALAI, MYLAPORE,
CHENNAI-600004, SRI K VASUDEVAN,
GENERAL MANAGER-LEGAL
AND CO ORDINATION.
... PETITIONER
(BY SRI. S V BHAT, ADVOCATE)
AND :
1.
M/S KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
NO.82, SHAKTHI BHAVAN, 6TH FLOOR,
RACE COURSE ROAD, BANGALORE-560001
REPRESENTED BY ITS
MANAGING DIRECTOR.
2.
THE SUPERINTENDING ENGINEER (FUELS)
M/S KARNATAKA POWER CORPORATION LTD.,
NO.82, SHAKTHI BHAVAN,
3RD FLOOR, RACE COURSE ROAD,
BANGALORE-560 001.
3.
THE MANAGER
STATE BANK OF INDIA,
CHENNAI MAIN BRANCH,
2ND LINE BEACH ROAD,
CHENNAI-600001.
(NOW MERGED WITH STATE BANK OF INDIA)
... RESPONDENTS
(BY SRI.AJAY J.N., ADVOCATE)
11
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
FOR
DIRECTION, TO SET ASIDE THE ORDER DATED 11.01.22
IN COM. OS. NO.10243/2015 IN SO FAR AS PORTION
REJECTING THE TWO APPLICATIONS FILED BY THE
PETITIONERS UNDER RULE 9 OF SCHEDULE TO THE
COMMERCIAL COURTS ACT READ WITH ORDER XVIII
RULE 4(1) (1-B) AND RULE 5 OF ORDER XI OF THE
AMENDED CPC COM.O.S. NO ANNEXURE-J.
IN WP NO.20235/2022
BETWEEN :
M/S ANAND TRANSPORT PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING REGISTERED OFFICE AT
MGM-CENTRE, NO.1, 9TH STREET,
DR RADHAKRISHNAN SALAI, MYLAPORE,
CHENNAI-600004, SRI K VASUDEVAN,
GENERAL MANAGER-LEGAL
AND CO ORDINATION.
... PETITIONER
(BY SRI. S V BHAT, ADVOCATE)
AND :
1.
M/S KARNATAKA POWER
CORPORATION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
NO.82, SHAKTHI BHAVAN, 6TH FLOOR,
RACE COURSE ROAD,
BANGALORE-560001
REPRESENTED BY ITS
MANAGING DIRECTOR.
12
2.
THE SUPERINTENDING ENGINEER (FUELS)
M/S KARNATAKA POWER CORPORATION LTD.,
NO.82, SHAKTHI BHAVAN,
3RD FLOOR, RACE COURSE ROAD,
BANGALORE-560 001.
3.
THE MANAGER
STATE BANK OF INDIA,
CHENNAI MAIN BRANCH,
2ND LINE BEACH ROAD,
CHENNAI-600001.
(NOW MERGED WITH
STATE BANK OF INDIA)
... RESPONDENTS
(BY SRI.AJAY J.N., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
FOR
DIRECTION, TO SET ASIDE THE ORDER DATED 11.01.22
IN
SO
FAR
AS
PORTION
REJECTING
THE
TWO
APPLICATIONS FILED BY THE PETITIONERS UNDER RULE
9 OF SCHEDULE TO THE COMMERCIAL COURTS ACT
READ WITH ORDER XVIII RULE 4(1) (1-B) AND RULE 5 OF
XI
AMENDED
CPC
COM.O.S.
NO.10244/2015 ON THE FILE OF THE LXXXII ADDITIONAL
CITY CIVIL JUEGE BENGALURU AT ANNEXURE-J.
IN WP NO.20278/2022
13
AXIS BANK LTD.,
GROUND FLOOR
KARUMMUTHU NILAYAM
NO.192, ANNA SALAI
14
ORDER
XI
AMENDED
CPC
COM.O.S.
NO.2798/2016 ON THE FILE OF THE LXXXII ADDITIONAL
CITY CIVIL JUDGE BENGALURU AT ANNEXURE-J.
IN WP NO.20286/2022
STATE BANK OF INDIA
15
CHENNAI MAIN BRANCH
CHENNAI - 600 001.
ORDER
XI
AMENDED
CPC
COM.O.S.
NO.5655/2016 ON THE FILE OF THE LXXXII ADDITIONAL
CITY CIVIL JUDGE BENGALURU AT ANNEXURE-J.
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
These petitions have been filed both by the
plaintiff and by the contesting defendants in similar
suits in commercial O.S. Nos.5654/2016, 10243/2015,
2798/2016,
5655/2016
and
10244/2015.
The
contesting defendants' writ petitions are in W.P.
Nos.5285/2022, 5301/2022, 5303/2022, 5304/2022,
5392/2022, and the plaintiff's writ petitions are in W.P.
Nos.20259/2022,
19269/2022,
20235/2022,
16
20278/2022, 20286/2022. These suits are pending
consideration on the file of the LXXXII Additional City
Civil and Sessions Judge, Bengaluru, a designated
commercial Court [for short, 'the commercial Court'].
2.
The parties have impugned the commercial
Court's order dated 11.10.2022, and the commercial
Court by this order has rejected the respective
applications filed by the parties under Order XI Rule 5
of the Code of Civil Procedure, 1908 [for short, 'the CPC']
as
applicable
to
the
commercial
Courts.
The
commercial Court has rejected the corresponding
applications primarily for the following two reasons:
•
The case management hearing is held on
07.10.2021 with suitable orders. The case
management hearing is held based on the
points for consideration as filed by the
learned counsel for the plaintiff with the
learned
counsel
for
the
contesting
17
defendants admitting that such points
would essentially encompass all questions
for decision in the suit.
•
The jurisdiction under Order XI Rule 5 of
CPC as applicable to the Commercial
Courts could be exercised only insofar as
those
documents
that
are
found
subsequent to the filing of the suit or were
not within the custody or knowledge of the
parties. In the present case, neither the
plaintiff nor the contesting defendants
satisfy this requirement.
The parties for convenience are referred to as either the
plaintiff or as contesting defendant.
3.
Sri. Ajay J N and Sri S V Bhat, the learned
counsels for the parties, submit in unison that the trial
had commenced in all the suits even before the case
18
management hearing and in fact, the plaintiff's witness
was in the witness box as of the date of transfer. The
case management hearing was held before this Court's
intervention in the appeal inter se parties under Order
XLIII Rule 1 of CPC. This Court has called upon the
commercial Court to decide the suits in a time bound
manner. The commercial Court will have to decide the
suits on merits in compliance with the timeline fixed by
this Court before the end of January 2023. The plaintiff
has examined its witness in all these suits and the cross
examination by the contesting defendants is also
complete. The contesting defendants have examined
their witnesses and the suits are currently listed for
cross examination of such witnesses.
4.
In support of the applications filed by the
plaintiff, Sri. S V Bhat submits that the plaintiff has
sought for leave to produce the statement generated by
the plaintiff after correction of the weighing statements
19
issued by the contesting defendants and to justify
different claims under separate heads. These are
necessary for effective adjudication. The commercial
Court could not have rejected the plaintiff's application
without considering the relevance of the documents
produced. As regards the contesting respondents'
applications under similar provision, Sri S V Bhat
submits that the contesting defendants propose to
produce documents wh
