State Bank Of India vs M/S P N Rao
2024 Latest Caselaw 5626 Kant

Karnataka High Court

State Bank Of India vs M/S P N Rao on 22 February, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                    -1-
                                                               NC: 2024:KHC:7575-DB
                                                              COMAP No. 59 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                                 PRESENT

                           THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE

                                                   AND

                      THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                                 COMMERCIAL APPEAL NO. 59 OF 2024

                      BETWEEN:
                      1.    STATE BANK OF INDIA
                            BYRAVESHWARANAGAR BRANCH
                            NAGARABHAVI
                            MOODALPALYA
                            BENGALURU - 560 072
                            REPRESENTED HEREIN BY
                            ITS BRANCH MANAGER
                                                                        ...APPELLANT
                      (BY SRI. SATHISH KUMAR J, ADVOCATE)


                      AND:
                      1.    M/S P N RAO
Digitally signed by
YASHODHA N
                            NO.69, M G ROAD,
Location: HIGH              BANGALORE - 560 001
COURT OF                    HAVING ITS REGISTERED OFFICE
KARNATAKA
                            AT NO.51, 1ST FLOOR, SPRINGDALE
                            1ST CROSS, RESIDENCY ROAD
                            BANGALORE - 560 025
                            REP BY ITS PARTNER AND
                            AUTHORISED SIGNATORY
                            MR. NAVEEN PISHE

                      2.    THE MANAGER
                            CANARA BANK
                            NO.5, KONANAKUNTE BRANCH
                            MAIN ROAD, KONANA KUNTE
                            BANGALORE - 560 062
                                 -2-
                                             NC: 2024:KHC:7575-DB
                                            COMAP No. 59 of 2024




3.   SRI.R. DAYANANDA ACHAR
     AGED ABOUT 46 YEARS
     S/O REVANACHAR
     NO.30, 2ND CROSS, 4TH MAIN ROAD
     SRI RAGHAVENDRA NILAYA
     ISRO LAYOUT, BANASHANKARI 5TH STAGE
     BANGALORE - 560 071
     ALSO R/AT NO.29 (420), 4TH A MAIN
     VINAYAKANAGARA
     OPP WIDIA (KENNAMETAL)
     NAGASANDRA POST
     BANGALORE - 560 073

                                                   ...RESPONDENTS

      THIS COMMERCIAL APPEAL IS FILD UNDER SECTION 13(1-A)
OF THE COMMERCIAL COURTS ACT (AMENDED) 2018, PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 29.11.2023 IN COM.O.S
NO.25040/2021 PASSED BY THE LEARNED LXXIII ADDITIONAL CITY
CIVIL AND SESSION JUDGE, BANGALORE (CCH-74) (COMMERCIAL
COURT) AT ANNEXURE- A.


      THIS   APPEAL,   COMING    ON   FOR    ORDERS,   THIS   DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:



                         JUDGMENT

Learned advocate for the appellant has filed a memo of

even date, seeking leave to withdraw the appeal.

2. Leave granted. Appeal is accordingly dismissed as

withdrawn.

NC: 2024:KHC:7575-DB

3. In view of disposal of the appeal, pending interlocutory

application does not survive for consideration and stands

disposed of.

No costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB