High Court for State of TelanganaCRP/5535/2017allowed no costs

M/S. Interfurn Interiors And Infrastructure Ltd And Another v. M/S. Lokesh Machines Ltd.,

2019-12-31Shameem Akther2 pages

THE HON'BLE DR. JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.5 5 3 5 OF 2 0 1 7 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the revision petitioners/ defendants aggrieved by the docket order, dated 17.01.2017, passed in I.A.No.270 of 2015 in O.S.No.347 of 2008 by the IV Additional District Judge, Ranga Reddy District at L.B. Nagar, wherein the Court below has allowed the subject Interlocutory Application filed by the respondent/ plaintiff seeking to receive the documents, which are mentioned in the list.

2 .

Heard learned counsel for the revision petitioners/ defendants and perused the record.

3 .

In spite of service of notice, there is no representation on behalf of the respondent/ plaintiff.

4 .

Learned counsel for the revision petitioners/ defendants would submit that though counter is filed in the subject Interlocutory Application, the Court below has not passed a reasoned order and ultimately, prayed to set aside the impugned order and restore the subject Interlocutory Application to its file to pass a reasoned order. 5 .

The impugned docket order, dated 17.01.2017, reads as follows:

"Heard counsel for petitioner, counter filed. No representation for respondent petition allowed.

Documents received subject to proof and relevancy."

6 .

The impugned order, as extracted above, is bereft of reasons. In the circumstances of the case, the Court below is bound to pass a reasoned order, which is apparently absent. Therefore, the impugned order is liable to be set aside.

7 .

Accordingly, the Civil Revision Petition is allowed and the impugned docket order, dated 17.01.2017, passed in I.A.No.270 of 2015 in O.S.No.347 of 2008 by the IV Additional District Judge, Ranga Reddy District at L.B. Nagar, is set aside and I.A.No.270 of 2015 is restored to its file. The Court below is directed to dispose of I.A.No.270 of 2015 in accordance with law by assigning reasons. Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J December 31, 2019.