- 1 - NC: 2025:KHC:12270 WP No. 43948 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 43948 OF 2019 (GM-CPC) BETWEEN: 1. M/S UNIBIND WIRE-O (P) LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT ORRCEE BUILDING 3RD FLOOR, NO. 1, B.V.K IYENGAR ROAD BENGALURU – 560 053 REPRESENTED BY ITS MANAGING DIRECTOR PRAKASH P. JAIN 2. PRAKASH P JAIN AGED ABOUT 55 YEARS S/O. PUKHRAJ JAIN, MANAGING DIRECTOR AND OFFICER-IN-CHARGE M/S. UNIBIND WIRE-O (P) LTD, ORRCEE BUILDING 3RD FLOOR NO. 1, B.V.K. IYENGAR ROAD BENGALURU – 560 053. …PETITIONERS (BY Ms. NIYATHI M, ADVOCATE FOR MR. UDAY SHANKAR R M, ADVOCATE) Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12270 WP No. 43948 of 2019 AND: AMRITLAL PUKHRAJ JAIN AGED ABOUT 61 YEARS S/O. PUKHRAJ JAIN R/AT NO. 450 AND 450 A 11 AND 12, “HEENKAR VATIKA”, BESIDE KALYANIKUMFORTS, ARIHANT SOCIETY, KESHWAPUR, HUBLI – 580 023. …RESPONDENT (BY MR. HALI FEBIN, ADVOCATE FOR MR. V.B. SHIVA KUMAR, ADVOCATE) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION QUASHING THE ORDER DATED 06.09.2019 AS PER ANNX-'A' PASSED BY THE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, CCH NO.57 THEREBY PERMITTING THE PETITIONERS HEREIN TO ADDRESS THEIR ARGUMENTS ORALLY ON THE MERITS OF THE SUIT IN O.S.NO.1242/2016. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:12270 WP No. 43948 of 2019 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the order dated 06.09.2019 passed in O.S.No.1242 of 2016 by the LVI Additional City Civil and Sessions Judge at Bangalore, the defendants therein have preferred this writ petition. 2. The order dated 06.09.2019 reads as under:- “Heard arguments of learned counsel for Plaintiff in full. Arguments of Defendant side not submitted. Prays time. No grounds made out. Anyhow Defendant is permitted to submit written Arguments on or before 30/9/2019 and posted for Judgment 15/10/2019.” (sic) 3. The case of the petitioners herein is that they were not given an opportunity to address their arguments before the Trial Court. 4. The order sheet reveals that, in spite of granting sufficient opportunities, the same has not been availed by the petitioners herein. However, in the given peculiar facts and circumstances of the case and to meet the ends of justice, this - 4 - NC: 2025:KHC:12270 WP No. 43948 of 2019 Court is of the opinion that an opportunity should be given to the petitioners/defendants to lead their arguments before the Trial Court. 4. Hence, the following:- ORDER i) The impugned order dated 06.09.2019 passed in O.S.No.1242 of 2016 by the LVI Additional City Civil and Sessions Judge at Bangalore, is hereby set aside insofar as it relates to denying an opportunity of oral hearing to the petitioners herein. ii) The petitioners herein shall address their arguments before the Trial Court on the next date of hearing. iii) The petitioners shall not ask for any futher adjournments from the Trial Court. iv) Writ Petition is accordingly disposed of. Sd/- (M.I.ARUN) JUDGE Bss List No.: 1 Sl No.: 67