KARNATAKA STATE INDUSTRIAL INVESTMENT & DEVELOPMENT CORPORATION LIMITED Vs. PAYONIDHI PRINTERS (P) LIMITED; H VENKATARAMAIAH; G V BHAGYALAKSHMI; SOMASHEKHAR; JAYALAKSHMAMMA; K LALITHAMMA

JUDGEMENT

(1.) The petitioner is before this court assailing the order dated 11/1/2013 passed in Misc.No.97/2009.

(2.) The said petition is filed under Sections 31(1)(a)(aa) and 32 of the State Financial Corporations Act, 1951. In the pending proceedings, respondent Nos.5 and 6 herein filed an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure seeking that they be impleaded as respondent Nos.5 and 6 in Misc.No.97/2009. The court below by order dated 11/1/2013 allowed the application and permitted the applicants to come on record as respondents. The petitioner claiming to be aggrieved by the same is before this Court.

(3.) Learned counsel for the petitioner by assailing that order, would at the outset, point out that the order impugned is passed without giving an opportunity to the petitioner to oppose the application. In that regard, it is contended that though the application was filed before the court below on 17/10/2012, the filing of the application was by advancing the case without notice to the petitioner. A copy of the application was furnished to the petitioner only on 5/11/2012 and without providing opportunity to the petitioner to file the objections, the application has been considered and the order has been passed.