Karnataka High Court
M/S International Asset ... vs M/S Jhansirani Vinodkumar on 26 July, 2024
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WA No. 118 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 118 OF 2024 (GM-RES)
BETWEEN:
1. M/S INTERNATIONAL ASSET RECONSTRUCTION
COMPANY LIMITED
HAVING ITS BRANCH OFFICE AT:
#A-601/602/605, 6TH FLOOR, 215 ATRIUM KANAKIA
SPACES ANDHERI KURLA ROAD,
ANDHERI(EAST) MUMBAI-400093
REPT. BY ITS SENIOR VICE PRESIDENT,
MR AAMOD M. DATAR
...APPELLANT
(BY SRI JAYANTH J.B, ADVOCATE FOR
SRI PATIL J.M, ADVOCATE)
Digitally signed
by PRABHAKAR AND:
SWETHA
KRISHNAN
Location: High 1. M/S. JHANSIRANI VINODKUMAR
Court of W/O LATE VINODKUMAR,
Karnataka AGED ABOUT 43 YEARS,
R/A NO.59/4, 2ND BLOCK,
DODDABOMMASANDRA,
VIDYARANYAPURA,
BENGALURU-560072.
2. SRI. VIJAY KUMAR M. D
S/O SRI. MALLAM GOWDA,
AGED ABOUT 38 YEARS,
R/A KHB COLONY,
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WA No. 118 of 2024
KUSHTAGI ROAD,
SINDHANURU-584128.
3. SRI. N. G DEEPAK
S/O LATE K N GUNDU RAO,
AGED ABOUT 45 YEARS,
R/AT No. 34, SRI ANANTHAKRUPA, GM COTTAGES,
DODDABIDARAKALLU, NAGASANDRA POST,
BENGALURU-560073.
4. SRI DINESH NAYAK N
S/O SRI RAMAKRISHNA NAYAK
AGED ABOUT 51 YEARS
R/A 60, VASTHA KUTEERA III PHASE,
BLUEJAY KARIHOBANAHALLI
NAGASANDRA POST
BENGALURU-560073
5. SRI SATISH KUMAR MITTAL
S/O SRI CHET RAM MITTAL
AGED ABOUT 50 YEARS
R/A 403, 4TH FLOOR
BINDU AMULYA ANJANA NAGAR
MAGADI MAIN ROAD
BENGALURU-560091
6. SRI VEDPRAKASH MITTAL
S/O SRI CHET RAM MITTAL
AGED ABOUT 48 YEARS
R/A 404, 4TH FLOOR
BINDU AMULYA
ANJANA NAGAR
MAGADI MAIN ROAD
BENGALURU-560091
7. SRI T DIVAKARA REDDY
S/O THIMME REDDY
AGED ABOUT 58 YEARS
R/A 712, 3RD MAIN ROAD
NEAR GANESH TEMPLE
HMT LAYOUT NAGASANDRA
BENGALURU-560073
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8. M/S MAROTIA STEEL ENGINEERING PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT,
HAVING ITS REGISTERED OFFICE
AT 49-A, II PHASE OPP ARAVIND MOTORS
PEENYA INDUSTRIAL AREA
BENGALURU-560058
REP BY ITS DIRECTOR AND
AUTHORISED SIGNATORY
SAKET KUMAR BHARPILANIA
9. SRI B S RAMEGOWDA
S/O SONNEGOWDA
AGED ABOUT 55 YHEARS
R/A 9, 5TH A CROSS HANUMANTHEGOWDA ROAD
SAPTHAGIRI LAYOUT
NEAR SAPTAGIRI ENGINEERING COLLEGE
CHIKKASANDRA
BENGALURU-560057
10. SRI K N VISWANADHAN NARI
S/O SRI K K NARAYANA NAIR
AGED ABOUT 77 YEARS
R/A 26/1, VENKATESHWARA NILAYA
5TH CROSS VIDYARANYAPURA MAIN ROAD
DODDABHOMMASANDRA
BENGALURU-560097
11. SRI C VEERA REDDY
S/O SRI KRISHNA REDDY
AGED ABOUT 38 YEARS
R/A 1001/C, IST MAIN ROAD
NEAR-SBI BANK
NAGASANDRA POST
BENGALURU-560073
12. SRI SUNIL GANESH
S/O M GANESH
AGED ABOUT 53 YEARS
R/A 7-35/23 UJJODI
NEAR-SHARADA SERVICE STATION
KANKANADI
MANGALURU-574199
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REP BY HIS GPA HOLDER
SRI GURUPRASAD S P S/O SUDHAKARA PUTTUR
13. SRI CHANDRASHEKHAR J
S/O SRI K JAYAPAL
AGED ABOUT 41 YEARS
R/A FLAT NO.TF2, 3RD FLOOR
45, VENSAPALA ENCLAVE
SHREE RAMANJANEYA NAGAR CHIKKALSANDRA
BENGALURU-560061
14. M/S ELECTREX (INDIA) LIMITED
21-D1, PEENYA INDUSTRIAL AREA
2ND PHASE
BENGALURU-560058
REPT BY ITS MANAGING DIRECTOR
MR MUKESH CHOKSI
...RESPONDENTS
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
INTERIM ORDER DATED 04.12.2023 WHICH IS EXTENDED
FROM TIME TO TIME IN WP No-26720/20223 (GM-RES)
PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 118 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR. JUSTICE K.V. ARAVIND
ORAL JUDGMENT
(PER : HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA) Learned advocate Mr. J.M. Patil for the appellant has filed memo for withdrawal dated 09.02.2024.
2. Memo reads as under, "The Appellant in the above matter had preferred this appeal challenging the granting of the interim order by the learned single judge, but before the above appeal could be heard, the learned single judge has allowed the Writ in part. Hence the above appeal become infructuous and the appellant is contemplating to challenge the final order passed by the learned single judge as such the appellant be permitted to withdraw the above appeal in the interest of justice and equity."
3. In view of what is stated in the memo, the appeal does not survive and it is disposed of accordingly as withdrawn.
-6-NC: 2024:KHC:29565-DB WA No. 118 of 2024 In view of disposal of the appeal, the interlocutory applications would not survive and they stand accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K V ARAVIND) JUDGE KPS List No.: 1 Sl No.: 50