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MICHAEL PREETHAM CRUZ v. M/S. FLATWORLD SOLUTIONS PRIVATE LIMITED

Karnataka High Court
Dec 18, 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER, 2015

BEFORE

THE HON'BLE MR.JUSTICE ARAVIND KUMAR W.P.NO.45816/2015(GM-CPC)

BETWEEN:

1.MICHAEL PREETHAM CRUZ

W/O MR.ANTHONY CRUZ,

AGED ABOUT 33 YEARS,

R/AT NO.427, 8TH MAIN,

1ST BLOCK, HRBR LAYOUT,

BENGALURU-560043

2.CHRISTOPHER CRUZ

S/O MR.ANTONY CRUZ ,

AGED ABOUT 42 YEARS,

R/AT NO.427, 8TH MAIN,

1ST BLOCK, HRBR LAYOUT,

BENGALURU-560043

3.CROSS DIGITAL INDIA

A PARTNERSHIP CONCERN

NO.427, 8TH MAIN,

1ST BLOCK, HRBR LAYOUT,

BENGALURU-560043

REPRESENTED BY ONE OF ITS

PARNTER,

MICHAEL PREETHAM CRUZ. ..PETITIONERS

(BY SRI.JANARDHANA G., ADVOCATE)

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AND:

M/s.FLATWORLD SOLUTIONS PRIVATE LIMITED

A COMPANY INCORPORATED UNDER

COMPANIES ACT, 1956 AND HAVING

ITS REIGSTERED OFFICE AT #210, 5TH `A' CROSS, 3RD BLOCK,

HRBR LAYOUT,

BENGALURU-560043

REPRESENTED BY ITS AUTHORISED

SIGNATORY

MR.S.ISRAEL PAUL. ..RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF CONSTITUTION OF INDIA PRAYING TO: QUASH THE

ORDER DATED 09.06.2015 PASSED IN THE COURT OF

THE XVIII ADDL. CIVIL AND SESSIONS JUDGE,

BANGALORE ALLOWING I.A.NO.11 IN O.S.NO.8066/2012 VIDE ANNEXURE-E, PERMITTING THE RESPONDENT TO

PRODUCE THE DOCUMENT AND TO LEAD EVIDENCE ON

THE SAME.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This is a defendants writ petition assailing order dated 09.06.2015 passed in O.S.8066/2012 whereunder trial court has allowed the application filed by plaintiff under Order VIII Rule 6(A)(3) of CPC and permitted the plaintiff to file written statement to the counter claim raised by defendants.

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2. It is urged in the writ petition that counter claim came to be filed by defendants on 15.12.2012 and respondent ought to have filed objections within 30 days from said date and as such permitting defendants to file written statement to the counter claim belatedly would be contrary to mandate of Order VIII Rule 6(A) of CPC. This court and Apex court have consistently held that provisions of order VIII is not mandatory and directory and if the circumstances of the case demanded condoning the delay same can be condoned. In the instant case counter claim was no doubt filed on 15.12.2012 whereunder certain monies are claimed by defendant from plaintiff. However, Court fee had not been paid at the time of filing counter claim and only when defendants filed a receipt for having paid the court fee on the counter claim on 08.06.2015, plaintiff filed the application in question and sought for condonation of delay and permission to file written statement to the counter claim. In the light of note made in the order sheet on 08.06.2015 to the effect that defendant has paid Court fee on counter claim, trial court has

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exercised its discretionary power to permit the writ petitioner to file written statement to the counter claim of defendants and trial court has suitably compensated defendants for such delay by awarding costs. There is no error committed by trial court calling for interference. Writ Petition lacks merit and it stands dismissed. SD/-

JUDGE

SBN

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