Shrivision Towers Private Limited vs Mr Neelesh Kumar Gupta
2024 Latest Caselaw 12694 Kant

Karnataka High Court

Shrivision Towers Private Limited vs Mr Neelesh Kumar Gupta on 6 June, 2024

                                              -1-
                                                        NC: 2024:KHC:19574-DB
                                                        RERA.A No. 14 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF JUNE, 2024

                                           PRESENT
                        THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                              AND
                            THE HON'BLE MR JUSTICE C M JOSHI
                                RERA APPEAL NO.14 OF 2022


                BETWEEN:

                SHRIVISION TOWERS PRIVATE LIMITED,
                NO.31,
                2ND MAIN,T.CHOWDAIAH ROAD,
                SADSHIVNAGAR,
                BENGALURU - 560 080,

                REPRESENTED BY ITS AUTHORISED SIGNATORY SRI
                NAVEEN KUMAR
                                                                  ...APPELLANT
                (BY SRI. ARVIND GHIMIRAY, ADVOCATE FOR JOSEPH ANTHONY)
Digitally
                AND:
signed by K G
RENUKAMBA
                1.    MR. NEELESH KUMAR GUPTA,
Location:             NO.703, LOTUS BLOCK,
High Court of         OCEANUS GREENDLE PHASE-2,
Karnataka             16TH CROSS, 3RD MAIN,
                      HOYSALA NAGAR,
                      BANGALORE - 560 010.

                2.    THE KARNATAKA REAL ESTATE
                      REGULATORY AUTHORITY,
                      2ND FLOOR,SILVER JUBILEE BLOCK,
                      UNITY BUILDING,
                      CSI COMPOUND, 3RD CROSS,
                                -2-
                                              NC: 2024:KHC:19574-DB
                                          RERA.A No. 14 of 2022




     MISSION ROAD,
     BANGALORE - 560 027,

     REPRESENTED BY ITS SECRETARY.
                                                     ...RESPONDENTS
(BY SRI.RAJASHEKHAR.K, ADVOCATE FOR R2)



      THIS RERA.APPEAL IS FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO

      A) ISSUE AN ORDER OR DIRECTION TO SET ASIDE THE
IMPUGNED JUDGMENT DATED 15/11/2021 IN APPEAL (K-REAT) NO.
28/2021 (ANNEXURE-A), OR

      B) IN THE ALTERNATIVE, REMAND THE MATTER TO THE FILE
OF THE K-REAT, THEREBY DIRECTING THE K-REAT TO PERMIT THE
APPELLANT HEREIN TO ADVANCE ARGUMENTS AND PROSECUTE THE
SAID APPEAL WITHOUT THE REQUIREMENT TO MAKE THE DEPOSIT
OF SEVENTY PERCENT (70) OF THE AMOUNT AS AWARDED BY
RESPONDENT NO.3 TO RESPONDENT NO.1, AND RESPONDENT NO.2.
AND ETC.,

      THIS   APPEAL   COMING       ON   FOR    ORDERS      THIS    DAY,
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:

                          JUDGMENT

1. Learned counsel Sri. Arvind Ghimiray for the

appellant has filed a memo of withdrawal which reads as

under :

NC: 2024:KHC:19574-DB

"The counsel undersigned craves leave of this Hon'ble Court to withdraw the instant appeal in view of the parties having settled the dispute, by way of Joint Settlement Memo dated August 17, 2023, thereby putting to rest all claims and contentions. Hence, it is most respectfully prayed that this Hon'ble Court may be pleased to dispose of the appeal as withdrawn, in view of the settlement arrived at between the parties, in the interest of justice and equity"

2. He states as the parties have settled their dispute

vide Joint Settlement Memo dated 17.08.2023 he shall

withdraw the present appeal.

3. Noting the contents of the memo of withdrawal and

also the submission made by the counsel, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

SNC