The Authorized Officer vs M/S Vaijanath Industries Pvt Ltd
2023 Latest Caselaw 812 Kant

                                               -1-

                                                       WA No. 100390 of 2022




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 12TH DAY OF JANUARY, 2023

                                            PRESENT

                             THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                               AND

                             THE HON'BLE MR JUSTICE UMESH M ADIGA

                           WRIT APPEAL NO. 100390 OF 2022 (GM-DRT)

                      BETWEEN:

                      THE AUTHORIZED OFFICER,
                      UNION BANK OF INDIA,
                      REGISTERED OFFICE 1049/B-2,
                      TILAKWADI, KHANAPUR ROAD,
                      SAMADEVGALLI BRANCH, BELAGAVI,
                      TQ. & DIST. BELAGAVI-590006,
                      REP. BY ITS CHIEF MANAGER NAMELY
                      OMPRAKASH PANDEY, AGE. 42 YEARS,
                                                              ... APPELLANT

                      (BY SRI. GIRISH S.HULMANI, ADVOCATE)

                      AND:

                      1.   M/S VAIJANATH INDUSTRIES PVT. LTD.,
                           PLOT NO.107, SINOLLI VILLAGE,
         Digitally
         signed by
         VISHAL
                           TQ. CHANDGAD, DIST. KOLHAPUR,
VISHAL   NINGAPPA
NINGAPPA PATTIHAL          REP. BY ITS (CLAIMING TO BE) DIRECTORS
PATTIHAL Date:
         2023.01.18
         17:51:13 -
                           NAMELY DEEPAK S/O PARSHARAM BIRJE,
         0800
                           AGE. 51 YEARS, OCC. BUSINESS,
                           R/O. SR NO.1 5, MALAPRASHA NAGAR,
                           TAGGIN GALLI, BELAGAVI-590005.
                          -2-

                                   WA No. 100390 of 2022




2.   JEEVAN S/O PARSHARAM BIRJE,
     AGE. 44 YEARS, OCC. BUSINESS,
     R/O. SR NO. 15, MALAPRASHA NAGAR,
     TAGGIN GALLI, BELAGAVI-590005.

3.   M/S. MASTER PRECISION,
     REP. BY ITS PARTNERS,
     A. SANJEEV V PATIL,
     B. BASWANTH P PARMOJI,
     PLOT NO.7/2, GAJANAN NAGAR,
     BEHIND KEB SUB-STATION,
     UDYAMBAG, BELAGAVI-590008
                                       ... RESPONDENTS

(BY SRI. SADIQ N.GOODWALA, ADVOCATE FOR R2;
 SHRI RAM P. GHORPADE
 & SHRI RAJASHEKHAR BURJI, ADVOCATE FOR R3)


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS

HON'BLE COURT TO (A) CALL FOR RECORDS; (B) SET

ASIDE THE ORDER PASSED BY THE LEARNED SINGLE

JUDGE    IN   WP   NO.102787/2022      (T-RES)   DATED

22/07/2022; (C) ALLOW THIS WRIT APPEAL FILED BY THE

APPELLANTS HEREIN THEREBY DISMISSING THE WRIT

PETITION FILED BY THE RESP NO.1 AND 2 HEREIN.


      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,

K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
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                                         WA No. 100390 of 2022




                              JUDGMENT

Learned counsel Shri Shivasai M.Patil for appellant;

learned counsel Shri Sadiq N.Goodwala for respondent

No.2 and the learned counsel Shri Ram P.Ghorpade and

Shri Rajashekhar Burji for respondent No.3, who are on

record are present before the Court physically.

Learned counsel for the appellant Shri Shivasai

M.Patil files a memo for withdrawal of the appeal.

The memo is taken on record. Consequently the

appeal is dismissed as withdrawn.

In view of the withdrawal of the appeal, pending

applications, if any, do not survive for consideration and

the same shall stand disposed off.

Sd/-

JUDGE

Sd/-

JUDGE