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citation codes
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  • Order VIII Rule 6(A) of CPC.
  • Order VIII Rule 6(A)(3) of CPC
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Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
Judges
Acts
  • Order VIII Rule 6(A) of CPC.
  • Order VIII Rule 6(A)(3) of CPC
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    MICHAEL PREETHAM CRUZ v. M/S. FLATWORLD SOLUTIONS PRIVATE LIMITED

    1

    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)

    1

    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.

    2

    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

    3

    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

    4

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    MICHAEL PREETHAM CRUZ v. M/S. FLATWORLD SOLUTIONS PRIVATE LIMITED
    (Dec 18, 2015)