IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.1159/2020 (GM-CPC)

BETWEEN:

M/S. MITSUN STEELS PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.462, II FLOOR SRI. KRISHNA TEMPLE ROAD Digitally signed INDIRANAGAR I STAGE by RUPA V BENGALURU-560 038.

Location: H igh AND HAVING AN INCOME TAX Court of PERMANENT ACCOUNT NO.AABCM1699P karnataka REPRESENTED BY ITS MANAGING DIRECTOR MR. SUNIL DAMANI DULY REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. ANANDA S/O MR. CHIKKA ANJANAPPA AGED ABOUT 39 YEARS RESIDING AT NO.443

18TH MAIN ROAD IPD SALAPPA LAYOUT JAGAJEEVAN RAM NAGAR BENGALURU-560 023.

…PETITIONER (BY SRI. VIVEKANAND ANTHONY BRITTO, ADV.,)

AND:

M/S. A.W. INDUSTRIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.47/1, MOTHINAGAR, G.S. STREET BENGALURU-560 002 AND INTER-ALIA HAVING ITS FACOTRY AT BOMMASANDRA INDUSTRIAL AREA HOSUR ROAD, BENGALURU-560 099 REP. BY IT'S MANAGING DIRECTOR MR. SYED MASOOD AHMED.

…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DTD.25.9.2019 IN O.S.NO.3565/2018 PASSED BY THE LEARNED III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-25) AT BENGALURU VIDE ANNEXURE-Z. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE COURT BELOW TO PERMIT THE PETITIONER TO LEAD SECONDARY EVIDENCE IN SO FAR MARKING OF THE COPIES OF THE TAX INVOICES TO PROVE SUPPLY AND RECEIPT OF THE SAME BY THE RESPONDENT AND DEMAND FOR PAYMENT MADE UNDER THE SAID TAX INVOICES TOWARDS OF THE MATERIALS SUPPLIED BY THE PETITIONER HEREIN & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This petition is filed seeking the following reliefs:

"i. Issue a writ in the nature of certiorari to quash the impugned order dated 25.09.2019 in O.S.No.3565/2018 passed by the learned III Additional City Civil and Sessions Judge (CCH-25)

at Bengaluru vide Annexure-Z;

ii. Issue a writ in the nature of mandamus directing the court below to permit the petitioner to lead secondary evidence in so far marking of the copies of the tax invoices to prove supply and receipt of the same by the respondent and demand for payment made under the said tax invoices towards cost of the materials supplied by the petitioner herein;

iii. Alternatively, set aside the order passed on

25.09.2019 by the learned III Additional City Civil and Sessions Judge at Bengaluru vide Annexure-Z and for fresh consideration by providing reasonable opportunity in permitting the Petitioner herein to lead secondary evidence."

2. Sri.Vivek Anand Anthony Britto, learned counsel appearing for the petitioner submits that the petitioner-plaintiff has filed a suit for recovery of a sum of Rs.37,44,737/- along with the interest against the respondent-defendant. In the said suit, the respondent is placed exparte. The petitioner adduced the evidence by way of an affidavit. In the affidavit, at paragraph No.6, the petitioner has explained with regard to the transaction between the petitioner and the respondent. It is specifically pleaded that the suit is based on 04 invoices as the petitioner supplied iron and steel to the respondent company and the invoices have been lost when the petitioner was shifting its office from Millers Road to Indiranagar. It is further submitted that the petitioner has lodged police complaint for lost articles as is evident from Annexures-W & X. It is also submitted that after examining PW-1, the petitioner also got marked the legal notice, acknowledgment, 04 postal receipts, police complaint and the police acknowledgment as exhibits during the trial. The petitioner has made a request to the