Karnataka High Court
M/S Ranjeet Engineering (P) Limited vs Sri Mukul Bhargav on 22 March, 2017
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WP No.38160/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH 2017
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION NO.38160/2013 (GM-CPC)
BETWEEN:
M/S RANJEET ENGINEERING (P) LIMITED
NO.157/18, ST. PATRICK'S COMPLEX
BRIGADE ROAD
BANGALORE - 560 025
REPRESENTED BY D.P.GUPTHA
GPA HOLDER OF ITS DIRECTOR
SMT. VIDYAVATHI GUPTA ... PETITIONER
(BY SRI SUHAS.P FOR SRI M.C.RAVI KUMAR, ADVOCATES)
AND:
1. SRI MUKUL BHARGAV
AGED ABOUT 55 YEARS
PARTNER OF M/S ROTO PACKAGING
NO.79/80, PEENYA INDUSTRIAL AREA
3RD PHASE, BANGALORE - 560 058
2. OM SHANKAR BHARGAV
PARTNER OF M/S ROTO PACKAGING
NO.79/80, PEENYA INDUSTRIAL AREA
3RD PHASE, BANGALORE - 560 058
DIED ON 13.12.2012
3. SRI G.S.GUPTA
S/O LATE RANJIT SINGH
AGED ABOUT 80 YEARS
NO.26, MAGRATH ROAD
ASHOKNAGAR
BANGALORE - 560 005
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WP No.38160/2013
4. M/S ROTO PACKAGING
A PARTNERSHIP FIRM
NO.79/80, PEENYA INDUSTRIAL AREA
3RD PHASE, BANGALORE - 560 058
REPRESENTED BY RESPONDENT NO.1 & 2
IT'S PARTNERS
5. SMT. MADHURI BHARGAV
AGED ABOUT 68 YEARS
W/O LATE OM SHANKAR BHARGHAVA
NO.32955 E NIMROD STREET, SOLON
OHIO -44139, USA
6. SRI MANDEEP BHATGAVA
AGED ABOUT 44 YEARS
S/O LATE OM SHANKAR BHARGHAVA
NO.32955 E NIMROD STREET, SOLON
OHIO-44139, USA
7. SMT. PREETHI BHARGAVA
AGED ABOUT 37 YEARS
D/O LATE OM SHANKAR BHARGHAVA
#151 SALMON BROOK DRIVE
GLASTONBURY, CT 06033, USA
RESPONDENT NOS.5 TO 7 REPRESENTED BY
GPA HOLDER SRI MUKUL BHARGAV
THE RESPONDENT NO.1 HEREIN ... RESPONDENTS
(BY SRI M.S.RAGHAVENDRA PRASAD, ADVOCATE FOR
R1, R5, R6 & R7; R3 & R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DATED 30.07.2013 PASSED BY THE 3RD ADDL. CITY
CIVIL JUDGE (CCH-25) BANGALORE CITY IN OS.NO.4188/2002
ON INTERLOCUTORY APPLICATION NO.17 AT ANNEXURE-A &
SET ASIDE THE SAME BY QUASHING THE SAID ORDER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No.38160/2013
ORDER
H.G.RAMESH, J. (Oral):
1. This writ petition is by the plaintiff in the suit in O.S.No.4188/2002 and is directed against an interlocutory order dated 30.07.2013 whereby the legal representatives of deceased defendant No.2 were permitted to come on record as defendant Nos.2(a), 2(b) and 2(c).
2. I have heard learned counsel appearing for the parties and perused the record.
3. In my opinion, the impugned order does not suffer from any error of jurisdiction or cannot be said to have resulted in failure of justice to warrant interference under the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India.
Petition disposed of.
Sd/-
JUDGE LB