Karnataka High Court
M/S International Asset ... vs M/S Maruthi Technologies on 7 August, 2024
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WA No. 117 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
WRIT APPEAL NO. 117 OF 2024 (GM-RES)
BETWEEN:
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 400 093
REP. BY ITS SENIOR VICE PRESIDENT,
MR. AAMOD M DATAR
...APPELLANT
(BY SRI. JAYANTH B., ADVOCATE FOR
Digitally signed
by PRABHAKAR SRI. PATIL J.M., ADVOCATE)
SWETHA
KRISHNAN AND:
Location: High
Court of
Karnataka 1. M/S. MARUTHI TECHNOLOGIES,
A PARTNERSHIP FIRM,
UNDER THE INDIAN PARTNERSHIP ACT,
HAVING ITS OFFICE AT
NO.292, 5th MAIN, 3rd CROSS,
RAJAGOPALANAGARA, PEENYA II STAGE,
BENGALURU 560 058,
REP. BY ITS PARTNER,
SRI. MALLAPPA @ MALLAPPA DEVAL,
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WA No. 117 of 2024
S/O MR. DYAMANNA DEVAL,
AGED ABOUT 42 YEARS.
2. SRI. ABHILASH C.J.,
S/O SRI. JAGANNATH C.Y.,
AGED ABOUT 36 YEARS,
R/AT NO.6, CHIKKABILATHI,
VADDARAHALLI POST,
SHRAVANABELAGOLA HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN 573 116.
3. M/S. SREEPAL GREEN FUTURES PVT. LTD.,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT ,
HAVING ITS OFFICE AT
H.O UNIT NO. 1102,
ORIANA BUSINESS PARK,
OPP. C.G.S.T BHAVAN, ROAD NO. 22,
MIDC WAGLE ESTATE,
THANE WEST 400 604,
REP. BY ITS DIRECTOR
SRI. JAYANT MUJUMBDAR.
4. M/S. SUMEDHA LASER TECHONLOGY PVT.LTD.,
A COMPANY INCORPORATE UNDER
THE COMPANIES ACT,
HAVING ITS OFFICE AT, I PARK ,
FLAT NO. 3B/415/8, 1st FLOOR, KIADB
MAIN ROAD, I STAGE, II PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU 560 058
REP. BY ITS MANAGING DIRECTOR
SRI. K. ASHOK KUMAR.
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WA No. 117 of 2024
5. M/S. JAY MINING AND WATERWELL
SOLUTIONS,
A PARTNERSHIP FIRM,
UNDER THE INDIAN PARTNERSHIP ACT,
HAVING ITS OFFICE AT 79, 5th MAIN,
MALAGALA, NAGARBHAVI II STAGE,
BENGALURU 560 072
REP. BY ITS MANAGING PARTNER
SRI. J. CHANDRASHEKAR
S/O SRI. K. JAYAPAL.
6. M/S. SHANTHA N.,
D/O SRI. NARAYANA D.,
AGED ABOUT 55 YEARS,
R/AT 37, 4th 'A' MAIN, 5th CROSS,
TEACHERS COLONY, SHANKARNAGAR,
VTC BENGLAURU NORTH, NANDINI LAYOUT,
BENGALURU 560 096
7. M/S. PUSHPA N
D/O SRI. NARAYANA D
AGED ABOUT 55 YEARS,
R/AT 37, 4th 'A' MAIN, 5th CROSS,
TEACHERS COLONY, SHANKARNAGAR,
VTC BENGLAURU NORTH, NANDINI LAYOUT,
BENGALURU 560 096
8. SRI. VIJAY KUMAR MOHANANI,
S/O LATE DAYAL DAS MOHANANI
AGED ABOUT 50 YEARS,
R/AT NO. D-1302, MANTRI GREENS,
NO.1, SAMPIGE RAOD,
MALLESHWARAM,
BENGALURU 560 003
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9. SRI. D R SRINIVAS
S/O LATE RAMACHANDRAIAH,
AGED ABOUT 68 YEARS
10. SMT. VASUNDHARA
W/O SRI. D.R. SRINIVASA,
AGED ABOUT 63 YEARS
11. SRI. MURALI S.,
S/O SRI. D R SRINIVASA
AGED ABOUT 36 YEARS,
PETITIONER NO.9 TO 11 ARE
R/AT 442, 15th MAIN, 3rd STAGE, I BLOCK,
BASAVESHWARANAGAR,
BENGALURU 560 079
12. SRI. SYED SHAHUL HAMEED
S/O SRI. SYED SARDAR
AGED ABOUT 38 YEARS,
R/AT NO.18/24, 9th 'B' MAIN,
BTM 1 STAGE,
BENGALURU SOUTH,
BENGALURU DHARMARAM COLLEGE,
BENGALURU 560 029
13. MS. DIVYA PRIYA S V.,
D/O SRI. R. SHANKAR VEERAPPA,
AGED ABOUT 27 YEARS,
R/AT 1619, LAKSHMI NILAYA,
ABBIGERE MAIN ROAD,
K G HALLI,
BENGALURU 560 015
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14. M/S ELECTREX (INDIA) LIMITED,
NO.21-D1, PEENYA INDUSTRIAL AREA,
2nd PHASE, BENGALURU 560 058
REPT. BY ITS MANAGING DIRECTOR
MR. MUKESH CHOKSI
...RESPONDENTS
(BY SRI. JAYANTH B., ADVOCATE FOR
SRI. J.M. PATIL, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO i) ALLOW THE WRIT
APPEAL AND SET ASIDE THE IMPUGNED INTERIM ORDER
DATED 04/12/2023 WHICH IS EXTENDED FROM TIME TO TIME
IN WP NO.26996/2023 PASSED BY THE LEARNED SINGLE
JUDGE
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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)
Memo dated 09.02.2024 is on record. It is filed by the
learned Advocate for the appellant, Mr.J.M.Patil.
2. The 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
NC: 2024:KHC:31521-DB
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. As it is stated that the appeal has become infructuous
and the appellant is inclined to challenge the final order
passed by the learned Single Judge, permission is prayed
for, to withdraw the appeal. The appeal was filed against
interim order. The main petition has come to an end.
4. In that view and in view of what is stated in the memo,
the appeal is permitted to be withdrawn.
5. Accordingly, the appeal is dismissed as withdrawn.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K V ARAVIND)
JUDGE
SS
