- 1 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 17646 OF 2022 (GM-KEB) BETWEEN: SRI G.B. RAMACHANDRA, S/O LATE BUCHI REDDY, AGED ABOUT 62 YEARS, PROPRIETOR, M/S G.B. RAMS ENTERPRISES, NO.01, 2ND MAIN ROAD, GOKULA 1ST STAGE 3RD PHASE, YESHWANTHPUR, BENGALURU - 560 022. …PETITIONER (BY SRI MAHESH A S., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF ENERGY, M.S. BUILDING, BENGALURU - 560 001. 2. THE MANAGING DIRECTOR, M/S. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LIMITED, NO.927, L.J. AVENUE COMMERCIAL COMPLEX, NEW KANTHARAJ URS ROAD, SARASSWATHIPURAM, MYSORE - 570 009. 3. THE CHIEF ENGINEER (ELECTRICAL) M/S. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD., NO 1633, ANNAPURNESHWARI COMPLEX, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 1ST CROSS, ANIKETHANA ROAD, (NORTH) P & T BLOCK, KUVEMPUNAGAR, MYSORE - 570 023. 4. THE SUPERINTENDENT ENGINEER (ELECTRICAL), M/S. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LIMITED, CESC'S WORKS CIRCLE, BENGALURU MYSORE ROAD, MANDYA - 571 401. 5. THE EXECUTIVE ENGINEER (ELECTRICAL) M/S. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LIMITED OM DIVISION WORKS CIRCLE, PANDAVAPURA CIRCLE, PANDAVAPURA - 571 434, MANDYA DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, M/S. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD., PANDAVAPURA - 571 434 MANDYA DISTRICT. …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1; SRI SRIRANGA, SR. ADVOCATE FOR SMT. PADMA S. UTTUR, ADVOCATE FOR R2 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R2 TO 6 TO PAY ARREARS OF PENDING BILLS AMOUNTING TO RS.1,58,65,800/- VIDE ANNEXURES-D, E, L AND T PERTAINING TO AGREEMENT OF CONTRACT DATED 25.08.2006 VIDE ANNEXURE-A AND DATED 24.05.2010 VIDE ANNEXURE-H BY WAY OF REPAIRING AND RECONDITIONING OF 25 KVA, 63 KVA, 100 KVA, 11 KV CLASS ALUMINIUM WOUND DISTRIBUTION TRANSFORMERS UNDER RATE CONTRACT AND ALSO AS PER ORDER FOR MINOR REPAIRS OF TRANSFORMERS VIDE ANNEXURE-M AND ETC. - 3 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed seeking for writ of mandamus directing respondents no.2 to 6 to pay arrears of pending bills amount as per Annexures-D, E, L and T totalling to Rs.1,58,65,800/- and etc. 2. Sri AS Mahesh, learned counsel for petitioner submitted, on 25.08.2006, petitioner entered into an agreement for repair and reconditioning of Distribution Transformers of various capacities at Pandavapura and other repair centers. And, in terms of contract, petitioner was issued with work order on 28.09.2006 as per Annexure-B, containing specific clause for amicable resolution of any dispute between contracting parties. It was submitted, after completion of work, when petitioner submitted bills for payment as per Annexures- D, E, L and T, respondents failed to make payments. On other hand, petitioner was issued with show-cause notice dated 16.08.2011 as per Annexure-F proposing cancellation of work - 4 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 order and black-listing petitioner. Thereafter on 03.12.2011, order as per Annexure-P came to be passed withdrawing work order and its extension, black-listing petitioner, invoking bank guarantee; and forfeiting petitioner's security deposit and earnest money deposit. 3. It was submitted, challenging notice at Annexure-F, petitioner had filed WP no.46482/2011 before this Court. Said writ petition was disposed of on 14.02.2013 quashing order at Annexure-P directing it to be treated as show-cause notice and permitting petitioner to file reply and directing respondents to consider same and pass fresh orders. It was submitted, after disposal of said writ petition, petitioner filed his reply as per Annexure-R. 4. On consideration, petitioner was issued with endorsement dated 07.01.2014 as per Annexure-Y stating that on allegation about submission of fake bank guarantee, pendency of criminal prosecution for signing various documents, etc. with petitioner, departmental enquiry was conducted against 17 employees. Under such circumstances, petitioner's claim for payment of bills would be considered only in case, petitioner was acquitted in both proceedings. It was - 5 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 submitted, departmental enquiry initiated against 17 employees of respondent-Corporation, ended in their discharge on 01.04.2015 as per order at Annexure-N. And criminal proceedings in C.C.no.22/2014 filed against petitioner alleging forgery of bank guarantee ended in his acquittal on 27.03.2025. In view of above two incidents, petitioner was entitled for consideration of his bills for payments. Since no steps were taken by respondents for payment, petitioner was entitled for prayer sought in present writ petition. On said grounds, sought for allowing writ petition. 5. Learned AGA for respondent no.1 and Sri S Sriranga, learned Senior Counsel appearing for Smt.Padma S.Uttur, learned counsel for respondents no.2 to 6 opposed writ petition. 6. At outset, it was submitted, petitioner was guilty of suppression and misrepresentation of material facts as petitioner had failed to disclose that he had earlier filed WP no.37756/2011 before this Court challenging show-cause notice dated 16.08.2011 at Annexure-F. It was submitted, on 09.07.2012, this Court allowed writ petition on ground that grievance sought to be espoused therein was pertaining to - 6 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 contractual terms and conditions, which were seriously disputed and as such, petitioner was required to workout his remedies elsewhere. It was submitted, instead of availing alternative remedy, petitioner had once again filed present writ petition seeking very same relief, without disclosing having approached this Court earlier. It was further submitted, endorsement at Annexure-Y was issued to petitioner on 07.01.2014. Writ petition was filed in year 2022, which would be highly belated, far beyond period of limitation for filing civil suit. 7. As such, petitioner's claim was time barred. It was also submitted, even if petitioner's claim was assumed to be pending as per endorsement at Annexure-Y, order of acquittal passed in C.C.no.22/2014 on 27.03.2025 was challenged by State in Crl.A.no.92/2025 and same was pending before learned Principal District and Sessions Judge, Mandya, and since finding of acquittal had not yet attained finality, sought dismissal of writ petition. 8. Heard learned counsel and perused writ petition. 9. From above, it is seen, petitioner's grievance against respondents was about their refusal to make payment - 7 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 despite lapse of more than reasonable amount of time and even after occurrence of contingencies referring to which, respondents had deferred consideration of petitioner's request for payment of bills at Annexures-D, E, L and T. 10. Insofar as first contention about suppression, though perusal of writ petition would not disclose about petitioner having filed W.P.no.37756/2011 before this Court and suffering order as per Annexure-R5 on 09.07.2012, petitioner has disclosed about W.P.no.46482/2011. Perusal of order dated 14.02.2013 passed in W.P.no.46482/2011 would reveal that it was disposed of taking note of order passed in W.P.no.37756/2011. Therefore, it would not be appropriate for this Court to dismiss writ petition on ground of suppression. 11. Insofar contention that petitioner is required to approach Civil Court for recovery of money, as held in para 4 of W.P.no.37756/2011, perusal of said order would reveal that on appreciation of facts and circumstances of petitioner's claim against respondents based on unpaid bills, this Court had held parties to be bound by contractual terms and this Court could not embark on enquiry into disputed questions of facts. It is seen that endorsement at Annexure-Y is issued on 07.01.2014, - 8 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 after disposal of W.P.no.37756/2011. A careful perusal of contents of Annexure-Y would reveal that respondents had informed petitioner that "steps for payments of pending bills would be taken after petitioner is acquitted in departmental enquiry against 17 employees of respondent-Corporation and criminal prosecution against petitioner". Thereafter, Disciplinary Authority passed order at Annexure-N wherein departmental proceedings against 17 employees of respondent-Corporation ended in their acquittal. Even C.C.no.22/2014 filed against petitioner on allegation of submitting fake bank guarantee has ended in acquittal on 27.03.2025 as per Annexure-Z during pendency of this writ petition. In any case, respondents have stated that order at Annexure-Z had not yet attained finality and is challenged by respondent-State in Crl.A.no.92/2025, presently pending before Principal District and Sessions Judge, Mandya. Therefore, even according to petitioner, based on contents of Annexure-Y, acquittal of petitioner in criminal prosecution has not yet attained finality. Under above circumstances, petitioner would not be entitled for relief sought in writ petition at present. Petitioner - 9 - HC-KAR NC: 2025:KHC:33742 WP No. 17646 of 2022 may however, stake his claim on acquittal of petitioner attaining finality. With above observations, writ petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 27