Smt Soni Vasudev Vikram @ vs. M/S Mmc Enterprises

WP/14044/2022HC KarnatakaGSTCNR KAHC01031359202210 September 2024Bench: R DEVDAS3 pages

For Petitioner: SRI. ANANTHARAM G R., ADVOCATEFor Respondent: SRI. ABISHEK N N., ADVOCATE FOR R1 & R2; SRI. HEMANTH KUMAR G.M., ADVOCATE FOR R3 & R4

AI SummaryRemanded

Facts

The petitioner, Smt Soni Vasudev Vikram, filed a writ petition before the Karnataka High Court challenging an order dated July 1, 2022, passed by the LXXXIV Additional City Civil and Sessions Judge (Commercial Court), Bengaluru. The petitioner had filed an application under Section 151 of the CPC seeking a direction for the respondents (M/s MMC Enterprises and its partners) to deposit arrears of rent, damages, and service tax/GST amounting to Rs. 1,13,64,883/- as of November 21, 2021, and to continue depositing future amounts. The application also sought to prohibit the respondents from contesting the suit on merits if they failed to comply. The writ petition arose from the original suit Com.O.S.No.331/2021.

Held

The writ petition was disposed of as infructuous. The Court noted that the original suit, Com.O.S.No.331/2021, out of which the writ petition arose, had been decreed on September 14, 2022. Since the suit had already been decided, the prayer made in the writ petition, which was to quash the order rejecting an interim application for deposit of amounts and to prohibit the respondents from contesting the suit, had become infructuous. The Court took on record the memo filed by the petitioner stating this fact and accordingly disposed of the writ petition.

Key Issues

1. Whether the Commercial Court erred in rejecting the petitioner's application (I.A. No. 7) filed under Section 151 of the CPC, which sought a direction for the respondents to deposit arrears of rent, damages, and service tax/GST, and to continue depositing future amounts, failing which to prohibit them from contesting the suit on merits? Petitioner's contention: The petitioner argued that the Commercial Court wrongly rejected their application. They sought to compel the respondents to deposit the outstanding amounts, including GST, and to impose a condition that failure to do so would result in the respondents being barred from defending the suit on its merits. The petitioner relied on the principle that such a direction is necessary to protect the plaintiff's interests and ensure the eventual satisfaction of any decree. Respondents' contention: The judgment does not record any specific contentions raised by the respondents against the petitioner's application or in response to the writ petition.

Sections Cited

Section 151

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

- 1 - NC: 2024:KHC:36932 WP No. 14044 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 14044 OF 2022 (GM-CPC) BETWEEN: SMT SONI VASUDEV VIKRAM @ SONI VIKRAM AGED 50 YEARS W/O SRI VIKRAM T S R/A 8, 1ST FLOOR JAYANAGAR, BENGALURU - 560 011. …PETITIONER (BY SRI. ANANTHARAM G R.,ADVOCATE) AND: 1. M/S MMC ENTERPRISES A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT A/304 MEHTA AMBIENCE 4TH CROSS MAGADI ROAD MANJUNATH NAGAR BENGALURU - 560 023. ALSO RUNNING THE RESTAURANT AT NO.8 GROUND FLOOR, 30TH CROSS, 6TH MAIN, 4TH BLOCK, JAYANAGAR BENGALURU - 560 011 REP BY ITS PARTNERS MR. AKSHAY MEHTA MAHIPAL AND MR. CHETAN KUMAR. 2. MR. AKSHAY MEHTA S/O SRI DILIP MEHTA PARTNER OF M/S MMC ENTERPRISES Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:36932 WP No. 14044 of 2022 NO.225, MAHAVEER NAGAR NEAR BSNL OFFICE PALI 306 401 STATE OF RAJASTHAN. 3. MR. MAHIPAL S/O SRI GHEWARCHAND PAREKH PARTNER OF M/S MMC ENTERPRISES NO.9, 1ST CROSS, RAJAJINAGAR 6TH BLOCK, BENGALURU - 560 010 ALSO AT NO.1165, SOBHA INDRAPRASATHA 35TH CROSS, 2ND BLOCK, RAJAJINAGAR BENGALURU - 560 010. 4. MR. CHETAN KUMAR S/O SRI SAJJAN RAJ RAYSONI PARTNER OF M/S MMC ENTERPRISES NO.11, 1ST FLOOR, PILLAPPA LANE NAGARATHPET CROSS BENGALURU - 560 002. …RESPONDENTS (BY SRI. ABISHEK N N.,ADVOCATE FOR R1 & R2; SRI. HEMANTH KUMAR G.M.,ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLW 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 1.7.2022 AT ANNEXURE-L PASSED BY THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH.NO.85)(COMMERCIAL COURT), BENGALURU IN SO FAR AS WRONGLY REJECTING THE APPLICATION I.A.NO.7 FILED BY THE PLAINTIFF/PETITIONER U/S 151 OF CPC TO DIRECT THE RESPONDENTS HEREIN TO DEPOSIT THE ENTIRE ARREARS OF RENT, DAMAGES, SERVICE TAX/GST ETC., BEING RS.1,13,64,883/- AS ON 21.11.2021 DUE BY THEM BEFORE THE TRIAL COURT AND TO CONTINUE TO DEPOSIT THE DAMAGES AND OTHER AMOUNTS AS AND WHEN BECOME DUE FROM 22.11.2021 TILL DISPOSAL OF THE SUIT, FAILING COMPLIANCE TO PROHIBIT THE RESPONDENTS TO CONTEST THE SUIT ON MERITS AND ETC. - 3 - NC: 2024:KHC:36932 WP No. 14044 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS

ORAL ORDER Learned Counsel for the petitioner has filed a memo dated 10.09.2024 stating that the original suit from out of which the present writ petition arises viz., Com.O.S.No.331/2021 was decreed on 14.09.2022 and therefore, the prayer made in the writ petition has become infructuous.

The memo is taken on record subject to all just exceptions.

Consequently, the writ petition stands disposed of for the reasons stated above. (R DEVDAS) JUDGE DL CT: SR

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.