M/S SNEHAMAYI MAHILA SEVA ENTERPRISES v. M/S KRISHNA FLOUR MILLS BANGALORE PRIVATE LIMITED
WP/3224/2025 · 2025-02-06
H T Narendra Prasad
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15526 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15526 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5341 WP No. 3224 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3224 OF 2025 (GM-CPC) BETWEEN:
1. M/S SNEHAMAYI MAHILA SEVA ENTERPRISES OFFICE AT NO.118 OUTER RING ROAD KEMPEGOWDA LAYOUT LAGGERE, BENGALURU-560 058 R/BY ITS PARTNERS. 2. SMT. VIJAYA SHIVAKUMARA SWAMY W/O SHIVAKUMAR SWAMY AGED MAJOR NO.118, OUTER RING ROAD KEMPEGOWDA LAYOUT LAGGERE, BANGALORE-560 058. 3. KUMARI BHAGYASHREE SHIVAKUMARA SWAMY D/O SHIVAKUMAR SWAMY AGED MAJOR NO.118, OUTER RING ROAD KEMPEGOWDA LAYOUT LAGGERE, BANGALORE-560058. 4. KUMARI ASHWINI SHIVAKUMARA SWAMY D/O SHIVAKUMAR SWAMY S AGED MAJOR NO.118, OUTER RING ROAD KEMPEGOWDA LAYOUT LAGGERE BANGALORE-560 058. …PETITIONERS (BY SRI. NARENDRA DEV H N.,ADVOCATE)
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5341 WP No. 3224 of 2025
AND:
M/S KRISHNA FLOUR MILLS BANGALORE PRIVATE LIMITED REGD. OFFICE AND MILLS AT NO.19 PLATFORM ROAD, BENGALURU-560 020. REP BY ITS PERSONAL OFFICER MR. PRASHANTH T H. …RESPONDENT (BY SRI.MITHUN GERAHALLI A., ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 06.01.2025 IN IA NO. 14/2024 PASSED BY THE HONBLE LXXXIX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (CH-90) IN COM-O.S.NO. 188/2019 PRODUCED AS 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 defendant Nos.1 to 3, challenging the order dated 06.01.2025 passed by the LXXXIX Additional City Civil and Sessions Judge, Bengaluru (CH-90) on I.A.No.14 filed by the plaintiff under Section 73 of the Indian Evidence Act, 1872 read with Section 151 of the Code of Civil Procedure, 1908 in Com. O.S.No.188/2019, whereby the trial Court has allowed the said application. - 3 -
NC: 2025:KHC:5341 WP No. 3224 of 2025
2. The plaintiff has filed the suit for recovery of money. After service of summons, the defendants appeared through counsel and filed a written statement. At the time of evidence of DW-1, DW-1 denied calculation slips, which were marked at Ex.P.61A and P136. Therefore, the plaintiff filed an application under Section 73 of the Indian Evidence Act.
After hearing the parties, the trial Court by impugned order, has allowed the application and directed DW-1 to keep herself present by next date of hearing so as to enable the Court to secure her signature under Section 73 of the Indian Evidence Act. Being aggrieved by the same, the defendants are before this Court in this writ petition. 3. Heard the learned counsel for the parties and perused the writ papers. 4. The plaintiff has filed the suit for recovery of money. At the time of evidence of DW-1, she denied xerox copy of the calculation slips, which were marked at Ex.P.61A and
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NC: 2025:KHC:5341 WP No. 3224 of 2025
P136. Therefore, on that ground, the trial Court has allowed the application. 5. Under the circumstances, this Court is of the opinion that the trial Court has rightly allowed the application. There is no any error or illegality in the order passed by the trial Court. The petition is devoid of merits. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 5