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2025 DAILYLAW 29558 (KAR)

SUNRISE COMPUTERS AND NET WORKS v. THE CHIEF SECERETARY GOVERNMENT OF KARNATAKA

WP/1190/2021 · 2025-01-29

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:4125 WP No. 1190 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1190 OF 2021 (GM-RES) BETWEEN: SUNRISE COMPUTERS AND NET WORKS HAVING A REGISTERED OFFICE AT 337, KARUNA COMPLEX, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560 003. REPRESENTED BY ITS CHIEF EXECUTIVE. SHRI NARESH PISE. …PETITIONER (BY SRI. ABHILASH., ADVOCATE FOR SMT.S.K.PRATHIMA., ADVOCATE) AND: THE CHIEF SECERETARY, GOVERNMENT OF KARNATAKA, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. MANJUNATHA RAYAPPA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4125 WP No. 1190 of 2021 ORAL ORDER Sri.Abhilash., counsel on behalf of Smt.S.K.Prathima., for the petitioner and Sri.Manjunatha Rayappa., AGA for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondent to pay a sum of Rs.6,95,775/- in first phase supply of computers and accessories along with interest at 18% from 1999 and to direct the respondent to pay a sum of Rs.47,45,125/- in the second phase of supply of computers and accessories along with interest at 18% from 2000, in all a sum of Rs.54,40,900/- with interest at 18% from 1999 till date as directed by the law department in Annexure-J the opinion letter of law department dated 10.06.2011 bearing No.LAW/75/T/OPN/2011 RS 15 MRR 2007. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. AGA in presenting his arguments submits that the petitioner had already approached this Court seeking the very - 3 - NC: 2025:KHC:4125 WP No. 1190 of 2021 same relief in W.P.No.11268/2010. He submits that the copy of order passed in W.P.No.11268/2010 is furnished by filing a memo. AGA therefore, submits that the memo may be placed on record and an appropriate order may be passed. The oral submission made by AGA and the memo is placed on record. 5. A careful perusal of the order dated 06.09.2010 passed in W.P.No.11268/2010 reflects that the petitioner had approached this Court seeking direction to the respondents to pay a sum of Rs.6,95,775/- with 18% interest from 1999. This court while disposing the Writ Petition has held that the relief sought by the petitioner is in the nature of a suit for recovery of the amount. Hence, exposing the cause again by filing a second Writ Petition is untenable. The Writ Petition is devoid of merits and is liable to be rejected. 6. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 3