- 1 - NC: 2025:KHC:11107 WP No. 2094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2094 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SUNDARI RAMACHANDRAN CHAIRPERSON AND DIRECTOR AGED ABOUT 73 YEARS ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD R/AT ORCHID VIEW APARTMENTS B5, NO.19, RAMANAMAHARISHI ROAD SADASHIVANAGAR BENGALURU 560 008. 2. SMT. VIDYA IYER WHOLE TIME DIRECTOR AGED ABOUT 49 YEARS ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD R/AT ORCHID VIEW APARTMENTS B5, NO.19, RAMANAMAHARISHI ROAD SADASHIVANAGAR, BENGALURU - 560 080. 3. SRI RAJARAM RAMAMURTHY MANAGING DIRECTOR AGED ABOUT 55 YEARS WHOLE TIME DIRECTOR ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD R/AT ORCHID VIEW APARTMENTS B5, NO.19, RAMANAMAHARISHI ROAD SADASHIVANAGAR BENGALURU - 560 080. 4. SRI. SIVASANKARAN M.S S/O SIVAKUMAR M.V AGED ABOUT 69 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11107 WP No. 2094 of 2025 DIRECTOR ELECTRONICS AND CONTROLS POWER SYSTEMS PVT. LTD. R/AT 748-B, VINAYAKA NAGAR KONENAGRAHARA, HAL BENGALURU-560 017. …PETITIONERS (BY SRI. RAJESWARA P N., ADVOCATE) AND: 1. M/S WEP PERIPHERALS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 40/1A, BASAPPA COMPLEX LAVELLE ROAD, BENGALURU 560001 REP. BY ITS AUTHORISED SIGNATORY 2. M/S. ELECTRONICS AND CONTROLS POWER SYSTEMS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT NO.29/A, 2ND PHASE, PEENYA INDUSTRIAL AREA BENGALURU 560 068 REP. BY ITS AUTHORISED SIGNATORY. 3. SMT. UMA MAHESHWARI DIRECTOR, ELECTRONICS & CONTROLS POWER SYSTEMS PVT LTD R/AT PLOT NO.72, SUBASH ROAD DR AMBEDKAR PERIYAR NAGAR EXTENSION, MADIPAKKAM CHENNAI 600 091. 4. SRI K RAMACHANDRAN TF-2, RATAN APARTMENTS NO. 32 MUTHAPPA BLOCK, GANGANAGAR BENGALURU 560 032. - 3 - NC: 2025:KHC:11107 WP No. 2094 of 2025 5. SRI G.P RAMACHANDRAN CHARTERED ACCOUNTANT M/S. G.P RAMACHANDRAN AND ASSOCIATES CHARTERED ACCOUNTANTS HAVING OFFICE AT NEW 9 / OLD 1 COMMERCE HOUSE, SHOP 208 2ND FLOOR, CUNNINGHAM ROAD VASANTH NAGAR, BENGALURU - 560052 …RESPONDENTS (BY SRI.K V SATISH., ADVOCATE FOR C/R1) THIS WRIT PETITION IS UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED: 04.01.2025 PASSED IN I.A.NOS. 35 AND 36 IN COM O.S.NO. 8994/2011 PASSED BY THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL DIVISION) BENGALURU (CCH-83) (AT ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.2 to 5 challenging the order dated 04.01.2025 passed by the LXXXII Additional City Civil and Sessions Judge, (Commercial Division), Bengaluru on I.A.Nos.35 and 36 filed under Order XI Rule 1(10) of CPC in - 4 - NC: 2025:KHC:11107 WP No. 2094 of 2025 Com.O.S.No.8994/2011, whereby the Trial Court has dismissed the said applications. 2. The plaintiff has filed the suit for the recovery of money. On service of summons, the defendants appeared through their counsel, filed their written statement, and also produced a list of documents. Based on the pleadings of the parties, the trial Court framed the issues. The matter has been posted for the evidence of the parties. During the course of the evidence, the petitioners/defendants filed I.A.Nos.35 and 36 under Order XI, Rule 1(10) of the CPC, seeking for production of additional documents. The trial Court, by the impugned order dated 04.01.2025, dismissed the applications. Being aggrieved by the same, the present petition has been filed. 3. As per Order XI Rule 1(10) of CPC, the defendant cannot be allowed to rely on the documents, which were in the defendant’s power, possession, control or custody and - 5 - NC: 2025:KHC:11107 WP No. 2094 of 2025 not disclosed along with the written statement or counterclaim, except by leave of the Court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure, along with the written statement or the counterclaim. 4. The specific case of the defendants is that some of the documents are not in their possession. They have also filed an application seeking direction to the plaintiff to produce certain documents. The same is pending consideration. While dismissing the applications, the trial Court did not provide any reasons regarding which documents were in the custody of the defendants, which were not in their possession or whether they had established a reasonable cause for non-disclosure of such documents. Even, the plaintiff has not objected to the first three documents, that was also not considered by the trial Court and no reasons were provided. - 6 - NC: 2025:KHC:11107 WP No. 2094 of 2025 5. Under these circumstances, I am of the opinion that the applications have to be reconsidered by the trial Court afresh, in accordance with law after giving opportunity to both the parties. Accordingly, I pass the following order: ORDER a. The writ petition is allowed. b. The order dated 04.01.2025 passed by the LXXXII Additional City Civil and Sessions Judge, (Commercial Division), Bengaluru on I.A.Nos.35 and 36 filed under Order XI Rule 1(10) of CPC in Com.O.S.No.8994/2011, is hereby set aside. c. The matter is remitted back to the trial Court with a specific direction to reconsider I.A.Nos.35 and 36 afresh, in accordance with the law, after giving an opportunity to both the parties and without granting any adjournment in the matter. d. It is made clear that the Trial Court shall not be influenced by any observation made in this order as well as the impugned order. - 7 - NC: 2025:KHC:11107 WP No. 2094 of 2025 e. Parties are directed to cooperate for early disposal of the applications without taking any adjournment. f. All contentions of the parties are left open. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 13