Shankaranarayana Constructions ... vs State Of Karnataka
2023 Latest Caselaw 7591 Kant

                                              -1-
                                                      NC: 2023:KHC:39311-DB
                                                           CCC No. 548 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                             AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                           CIVIL CONTEMPT PETITION NO. 548 OF 2023

                   BETWEEN:

                   SHANKARANARAYANA CONSTRUCTIONS PVT LTD.,
                   A COMPANY INCORPORATED UNDER
                   THE COMPANIES ACT, 1956
                   HAVING ITS REGISTERED OFFICE AT SNC HOUSE,
                   4TH FLOOR, NO.7, RESIDENCY ROAD
                   (OLD NO.9 RAJARAM MOHAN ROY ROAD)
                   BENGALURU-560 025.
                   REPRESENTED HEREIN BY ITS AUTHORIZED
                   REPRESENTATIVE MR A G SUBRAMANYA
                                                          ...COMPLAINANT
                   (BY SRI. SMARAN SHETTY., ADVOCATE FOR
Digitally signed       SMT. KALIGOTLA NITYA.,ADVOCATE)
by SHARADA
VANI B             AND:
Location: HIGH
COURT OF
KARNATAKA          1.    STATE OF KARNATAKA,
                         REPRESENTED BY ITS SECRETARY,
                         DEPARTMENT OF FINANCE,
                         M S BUILDING, DR AMBEDKAR ROAD,
                         BENGALURU-560 001.
                   2.    CAUVERY NEERAVARI NIGAM LTD.,
                         REPRESENTED BY ITS MANAGING DIRECTOR,
                         SURFACE WATER DATE CENTRE BUILDING,
                         3RD AND 4TH FLOOR, ANANDA RAO CIRCLE,
                         BANGALORE-560 009.
                                                                    ...ACCUSED
                   (BY SRI.DEVARAJ ASHOK.,HCGP)
                             -2-
                                     NC: 2023:KHC:39311-DB
                                       CCC No. 548 of 2023



     THIS CCC IS FILED UNDER SECTION 12 OF CONTEMPT
OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA PRAYING TO ALLOW THIS CIVIL
CONTEMPT    PETITION   AND   CONSEQUENTLY   INITIATE
CONTEMPT PROCEEDINGS AGAINST ACCUSED NO.2       AND
PUNISH THEM FOR THE CONTEMPT AND DISOBEDIENCE OF
THE    JUDGMENT     DATED   30.11.2022  PASSED    IN
W.P.NO.17931/2021 PRODUCED AT ANNEXURE-A.

    THIS CCC COMING ON FOR ORDRES THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:

                         ORDER

Learned counsel for the Complainant has filed a

Memo dated 06.11.2023 seeking permission of this Court

to withdraw the Contempt Petition with liberty to file a

Writ Petition before the learned Single Judge which reads

as under:

"The Counsel for the Complainant humbly seeks the permission of this Hon'ble Court to withdraw the Contempt Petition filed before this Hon'ble Court with a liberty to file a fresh Writ Petition before the Ld. Single Judge in the interest of equity of justice."

The said Memo is placed on record. Accordingly, the

Contempt Petition is disposed off as withdrawn in terms of

the Memo with liberty as sought for therein.

NC: 2023:KHC:39311-DB CCC No. 548 of 2023

It is needless to state that, in case, if any Writ

Petition is filed before the learned Single Judge, the same

would be decided on its own merits.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Bsv