Karnataka High Court
Smt Anuradha vs M/S Karnataka State Industrial ... on 21 February, 2023
Bench: S.Sunil Dutt Yadav
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WP No. 23765 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 23765 OF 2022 (GM-CPC)
BETWEEN:
1. SMT ANURADHA
D/O LATE S RAMACHAR
W/O V.R.NAGABUSHAN
AGED ABOUT 60 YEARS,
R/AT NO.23, 9TH CROSS,
ITI LAYOUT,
J.P. NAGAR 1ST PHASE,
BENGALURU-560 078
... PETITIONER
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
1. M/S KARNATAKA STATE INDUSTRIAL AND
Digitally signed INFRASTRUCTURE DEVELOPMENT
by VIJAYA P CORPORATION LTD.,
Location: High REGISTERED UNDER THE PROVISIONS
Court of OF COMPANIES ACT, 1956,
Karnataka EARLIER KNOWN AS
KARNATAKA STAE INDUSTRIAL
INVESTMENT AND DEVELOPMENT
CORPORATION LTD.,
KHANIJA BHAVAN, NO.49,
4TH FLOOR, EAST WING,
RACE COURSE ROAD,
BENGALURU-560 001
REPTD BY ITS MANAGER (LEGAL)
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WP No. 23765 of 2022
2. M/S. FLORA INTERNATIONAL LIMITED
NO.376/35, 6TH CROSS,
WILSON GOARDEN
BENGLAURU-560 027.
REGISTERED UNDER THE PROVISIONS OF
COMPANIES ACT, 1956
REPRESENTED BY ITS DIRECTOR
SRI M.S.A. ALEEM
3. SRI.M.S.A ALEEM
S/O M.SYED ABBAS
MAJOR
R/AT NO.36, 2ND CROSS,
D COSTA SQUARE,
COOKE TOWN
BENGLAURU-560 087.
4. SRI.M.S.C PASHA
S/O SYED ABBAS,
MAJOR,
RESPONDENT NOS.3 AND 4
ARE RESIDING AT
R/AT NO.36, 2ND CROSS,
D COSTA SQUARE,
COOKE TOWN
BENGLAURU-560 087.
5. M/S. FLORA SILKS LIMITED
NO.376/35, 6TH CROSS,
WILSON GARDEN,
BENGALURU-560 027
REGISTERED UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956,
REPRESENTED BY ITS CHAIRMAN
SRI.M.S.A ALEEM.
... RESPONDENTS
(BY SRI. VIVEKANANDA T P., ADVOCATE FOR R1)
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WP No. 23765 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH/ SET
ASIDE THE ORDER DATED 15.10.2022, IN COM.EX.NO.
164/2021, PASSED BY THE 10TH ADDITIONAL DISTRICT AND
SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU RURAL
DISTRICT AT BENGALURU, (ANNEXURE-A) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner files a memo enclosing a copy of One
Time Settlement (OTS) proposal along with a letter dated
15.02.2023.
2. It is submitted that the OTS proposal of the
petitioner has been accepted by the KSIIDC/respondent
No.1 herein.
3. Learned counsel appearing for KSIIDC submits
that it is a indeed fact that OTS of the petitioner has been
accepted.
4. Accordingly, in light of the stand of the
respondents as having accepted the OTS proposal of the
petitioner, all proceedings insofar as the petitioner is
WP No. 23765 of 2022
concerned before the Executing Court in
Com.Ex.No.164/2021 shall stand closed and the property
of the petitioner, if attached would now revert with full
rights to the petitioner.
5. Accordingly, petition is disposed off as not
requiring any adjudication, in light of satisfaction of the
claim against the petitioner. Consequently, all
proceedings before the Executing Court insofar as the
property of the petitioner would stand terminated.
Needless to state this would not come in the way of
proceedings as regards other judgment debtors in the
pending proceedings.
Sd/-
JUDGE
PN
