Karnataka High Court
Karnataka Power Corporation Limited vs A.C.B. (India Limited) on 30 January, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.27431 OF 2017 (GM-CPC)
C/W
WRIT PETITION NOS. 27425 OF 2017 ,27426 OF 2017,
27427 OF 2017, 27428 OF 2017, 27429 OF 2017,
27430 OF 2017 AND 27432 OF 2017
IN W.P.NO.27431/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
SHAKTI BHAVAN, NO.82,
RACE COURSE ROAD, BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
A.C.B. (INDIA LIMITED),
OLD NAME, ARYAN COAL
BENEFICIATION LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL, AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
2
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN
O.S.NO.25577/2012 AT ANNEXURE - A AND ETC.,
IN W.P.NO.27425/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL, AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN O.S.NO.4332/2012
AT ANNEXURE - A AND ETC.,
IN W.P.NO.27426/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
3
SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
AUTHORISED SIGNATORY
KABADE D.R.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL, AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN
O.S.NO.25444/2012 AT ANNEXURE - A AND ETC.,
IN W.P.NO.27427/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
4
(BY SRI. AJAY J.N., ADVOCATE)
AND
A.C.B. (INDIA LIMITED),
OLD NAME, ARYAN COAL
BENEFICIATION LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL,
AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN
O.S.NO.25577/2012 AT ANNEXURE - A AND ETC.,
IN W.P.NO.27428/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
5
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL,
AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN
O.S.NO.25444/2012 AT ANNEXURE - A AND ETC.,
IN W.P.NO.27429/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL,
AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE FOR C/R)
6
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 PASSED BY THE XXIX
ADDL. CITY CIVIL JUDGE AT BANGALORE IN O.S.NO.4332/2012
AT ANNEXURE - A AND ETC.,
IN W.P.NO.27430/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL,
AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE BY WAY
OF CERTIORARI, THE IMPUGNED ORDER DATED 16.01.2017
PASSED BY THE XXIX ADDL. CITY CIVIL JUDGE AT BANGALORE
IN O.S.NO.4333/2012 AT ANNEXURE - A AND ETC.,
7
IN W.P.NO.27432/2017
BETWEEN
KARNATAKA POWER CORPORATION LIMITED,
A GOVERNMENT OF INDIA UNDERTAKING,
HAVING ITS OFFICE AT
SHAKTI BHAVAN,
NO.82, RACE COURSE ROAD,
BANGALORE.
REPRESENTED BY ITS
MANAGING DIRECTOR.
AUTHORISED SIGNATORY
KABADE D.R.
...PETITIONER
(BY SRI. AJAY J.N., ADVOCATE)
AND
ARYAN ENERGY PRIVATE LIMITED,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT
7TH FLOOR, AMBIANCE CORPORATE
TOWER MALL,
AMBIANCE ISLAND, N.H.8,
GURGAON - 122 010.
ALSO AT - HI-POINT, PALACE ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS DIRECTOR.
... RESPONDENT
(BY SRI.B.K.SAMPATH KUMAR, ADVOCATE)
THIS WRIT PETITION ARE FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 16.01.2017 ON I.A. PASSED BY THE
XXIX ADDL. CITY CIVIL JUDGE AT BANGALORE IN
O.S.NO.4333/2012 AT ANNEXURE - A AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
8
ORDER
The Writ Petitions are disposed off as having become infructuous in view of the disposal of proceedings in the Court below wherefrom impugned orders emanated; interim orders if any, stand dissolved.
All grounds and remedies otherwise available in law are reserved.
It is open to the petitioners to seek revival of the Writ Petitions by filing a memo in the event the proceedings in the Court below are still pending or revived.
Sd/-
JUDGE SSD