Silverline Business And Tech Park Ltd vs Ms. Yl E Services Pvt Ltd on 19 June, 2013

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Karnataka High Court

Silverline Business And Tech Park Ltd vs Ms. Yl E Services Pvt Ltd on 19 June, 2013

Bench: K.Bhakthavatsala

                         1


        IN THE HIGH COURT OF KARNATAKA AT
                    BANGALORE

         DATED THIS THE 19TH DAY OF JUNE 2013

                       BEFORE

  THE HON'BLE Dr. JUSTICE K.BHAKTHAVATSALA

        WRIT PETITION No.22339/2013 (GM-CPC)

BETWEEN :

SILVERLINE BUSINESS AND TECH PARK LTD.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE
COMPANIES ACT, 1956,
HAVING ITS OFFICE AT 201
BARTON CENTER, NO. 84
MG ROAD, BANGALORE
REPRESENTED BY ITS DIRECTOR
MR.ZAHED MAHMOOD.                  ...PETITIONER

(By Sri.SAH RAZVI
      for M/s.PRIME LAW ASSOCIATES, ADVS.)

AND :

MS. YL E SERVICES PVT LTD
A COMPANY INCORPORATED UNDER
THE INDIAN COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE
AT 003, DELPHI III, PRESTIGE ACROPOLIS
20, HOSUR ROAD, KORMANGALA
BANGALORE-560 029.                    ...RESPONDENT
                              2


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH    THE    ORDERS     DATED   23.1.2013   MISC
NO.630/2012 VIDE ANNEXURE-A PASSED BY THE
LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE
DISMISSING THE APPLICATION UNDER SECTION 24 OF
THE CIVIL PROCEDURE CODE AND DIRECT THAT O.S.
NO.1753/2012    FILED   BY    THE   PETITIONER   BE
WITHDRAWN FROM THE COURT OF THE CITY CIVIL
JUDGE, COURT HALL NO.28 AND TRANSFER THE SAME
TO COURT OF THE CITY CIVIL JUDGE, COURT HALL NO.18
AND CLUB IT WITH O.S. NO.6556/2011 AND DIRECT THAT
THE SAID TWO CASES MAY BE CLUBBED AND A COMMON
TRIAL MAY BE CONDUCTED.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                           ORDER

The petitioner who is defendant in O.S.No.6556/2011 on the file of City Civil Judge at Bangalore city, is before this Court praying for quashing the Order dated 23.01.2013 passed in Misc.Case No.630/2012 on the file of Principal City Civil Judge at Bangalore city.

2. Learned counsel for the petitioner submits that the respondent has filed a suit against the present 3 petitioner in O.S.No.6556/2011 pending on the file of City Civil Court, Bangalore for refund of security deposit amount of Rs.40,65,796/- with interest thereon and compensation of Rs.44,53,997-60 as per the agreement dated 09.08.2006. He further submits that the petitioner has filed a suit in O.S.No.1753/2012 against the present respondent for recovery of money of Rs.70,40,544/- with interest and thus the suits are for money decree and the parties are common. Hence, the petitioner filed a petition under Section 24 of CPC before the Principal City Civil Judge praying to withdraw O.S.No.1753/2012 pending on the file of CCH No.XXVIII and transfer the same to CH 18 where OS.No.6556/2011 was pending, but the Principal City Civil Judge erred in rejecting the same.

3. Perused the impugned Order. I see no illegality or infirmity in the impugned Order. 4

4. In the result, Petition fails and the same is hereby rejected.

Sd/-

JUDGE bnv*

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