Saaranga Info Tech. Llp vs Sri. Suprith K.S on 6 August, 2018

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Karnataka High Court

Saaranga Info Tech. Llp vs Sri. Suprith K.S on 6 August, 2018

Bench: Vineet Kothari

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 6th DAY OF AUGUST 2018

                        BEFORE

    THE HON'BLE Dr.JUSTICE VINEET KOTHARI

         WRIT PETITION No.170/2017 (GM-CPC)

BETWEEN:

Saaranga Info Tech, LLP
2nd Floor, #80/1, 125 (1268)
S.S. Arcade, Magadi Main Road
Byadarahalli, Vishwaneedam P.O.
Bangalore-560091
Represented by its partner
Hari Prasad H.S.
                                       ...Petitioner
(By Mr. Nishan Unni P, Advocate (Absent))

AND:

Sri. Suprith K.S.
S/o K. Surendra Babu
Aged about 25 years
No.2474, near Ganesh Mandir
Vivekanand Nagar, Bangarpet
Kolar District-563101.
                                       ...Respondent

(By Mr. M.G. Ravisha, Advocate (Absent))


       This Writ Petition is filed under Article 227 of the
Constitution of India praying for a writ in the nature of
certiorari by quashing the impugned order dated 10-08-2016
in O.S. 4134/2014 passed by the XIX Addl. City Civil &
Sessions Judge, Bangalore City (CCH 18) to the extent of
                                Date of Order 06-08-2018 W.P.No.170/2017
                              Saaranga Info Tech, LLP Vs. Sri. Suprith K.S.

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directing the return of the plaint to be presented before the
appropriate forum and extending the period of limitation for
the period of prosecuting the suit before the trial Court,
produced at Annexure-D and consequently dismiss the suit.

      This Writ Petition coming on for Preliminary Hearing in
'B' Group this day, the Court made the following:-


                          ORDER

Mr. Nishan Unni P, Adv. for Petitioner -Absent Mr. M.G. Ravisha, Adv. for Respondent - Absent

1. None present.

2. Perused the records.

3. The Defendant-petitioner - Saaranga Info Tech.LLP has filed this Writ Petition under Article 227 of the Constitution of India aggrieved by the Order dated 10/08/2016 by which, the learned Trial Court returned the Plaint to the Plaintiff - Sri Suprith K.S., the employee of the Defendant - petitioner Company for proper presentation before the Industrial Tribunal and condoned the delay, if any, caused in pursuing the case before the wrong forum viz., in the Trial Court, in terms of Section 14 of the Limitation Act.

Date of Order 06-08-2018 W.P.No.170/2017 Saaranga Info Tech, LLP Vs. Sri. Suprith K.S. 3/4

4. The operative portion of the said Order dated 10/08/2016 is quoted below for ready reference:-

"ORDER This court has got no jurisdiction to try the suit, as this is an Industrial Dispute covered under the provisions of Industrial Dispute Act, 1947.

Return the plaint to the plaintiff to present the same before appropriate forum. The period spent by plaintiff in prosecuting present suit is exempted while computing the period of limitation when he presents his claim petition before appropriate forum.

(K.B. GEETHA) XIX ADDL. CITY CIVIL & SESSIONS JUDGE BANGALORE CITY."

5. None is present to argue the case.

6. Having perused the records, this Court is satisfied that there is no error in the said Order and the Date of Order 06-08-2018 W.P.No.170/2017 Saaranga Info Tech, LLP Vs. Sri. Suprith K.S. 4/4 same does not require any interference by this Court under Article 227 of the Constitution of India.

7. The present writ petition is liable to be dismissed and the same is accordingly dismissed. No costs.

Copy of this Order be sent to both the parties forthwith.

Sd/-

JUDGE BMV*

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