M/S S.V.Distilleries Pvt Ltd vs M/S Sai Krishna Trading Company
2022 Latest Caselaw 2480 Kant

Citation : 2022 Latest Caselaw 2480 Kant
Judgement Date : 15 February, 2022

Karnataka High Court

M/S S.V.Distilleries Pvt Ltd vs M/S Sai Krishna Trading Company on 15 February, 2022

Bench: S.R.Krishna Kumar

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

    DATED THIS THE 15TH DAY OF FEBRUARY 2022

                          BEFORE

   THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

  WRIT PETITION NO.201491/2021 (GM-CPC)

BETWEEN:

M/s S.V. Distilleries Pvt. Ltd.,
Rep. by its Managing Director R.V. Ravi Kumar,
R/o: Villa Balaji, No.2, 1st Cross Street-Extension,
Rainbow Nagar, Pondicherry,
Corporate Office, H.No.16-11-16/184,
Sripuram Colony, Malakapet, Hyderabad-500 036.,
and Factory and site Office located at Malchapur,
Bidar, Karnataka-585 413.
                                                 ... Petitioner
(By Sri. Ravi B. Patil, Advocate)

AND:

M/s. Sai Krishana Trading Company,
Represented by its Proprietor,
K. Ashok Kumar S/o K. Lingaiah,
Aged about 61 years,
Office at 1-1-16/12/A, Jawahar Nagar,
RTC X Road, Hyderabad - T.S., 500 020.
                                               ... Respondent

(By Sri. S.T. Hashmi, Advocate)

      This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari to quash the impugned order dated 20.07.2021
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passed by the learned Judge insofar relates to imposition
of condition to deposit 50% of Ex-parte judgment passed
in Com.Execution Petition No.373/2020 on the application
filed under Order XXI Rule 26 of Code of Civil Procedure
passed by the Hon'ble Principal District and Sessions
Judge, Bidar, as at Annexure-J and consequently allow the
said application in entirety as prayed for.

     This petition coming on for Preliminary Hearing in 'B'
Group this day, the Court made the following:

                               ORDER

Learned counsel for the petitioner submits that

having regard to the Commercial Execution proceedings in

Com.Execution Petition No.373/2020 having been disposed

of, the present petition has been rendered infructuous.

The submission is placed on record.

The petition is dismissed as having become

infructuous.

Sd/-

JUDGE