Karnataka High Court
M/S Khoday India Limited vs State Bank Of India on 11 November, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:45548-DB
WA No. 872 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 872 OF 2023 (GM-DRT)
BETWEEN:
M/S KHODAY INDIA LIMITED
REGD OFF "BREWERY HOUSE"
KANAKAPURA ROAD
BENGALURU
HAVING ADMINISTRATIVE
OFFICE NO.612, XV CROSS
SARAKKI I PHASE
100 FEET ROAD, JP NAGAR
BENGALURU-560 078
REPRESENTED BY ITS DIRECTOR
SRI K L SWAMY
...APPELLANT
(BY SRI.TAPAN NARAYANA., FOR
SRI. SHRISHAIL SHIVABASAPPA NAVALGUND., ADV)
AND:
1. STATE BANK OF INDIA
Digitally signed A BODY CORPORATE CONSTITUTED
by UNDER THE PROVISIONS OF THE
MARIGANGAIAH
PREMAKUMARI STATE BANK OF INDIA ACT, 1955
Location: HIGH AND THE SUCCESSOR
COURT OF
KARNATAKA TO STATE BANK OF TRAVANCORE
UNDER THE ACQUISITION OF
STATE OF BANK OF TRAVANCORE
UNDER ORDER NO.G.S.R.160E
DATED 22.02.2017
PASSED BY THE CENTRAL GOVT.
UNDER SECTION 35 OF THE
STATE BANK OF INDIA ACT, 1955(23 OF 1955)
AND HAVING INTER ALIA STRESSED
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NC: 2024:KHC:45548-DB
WA No. 872 of 2023
ASSETS MANAGEMENT BRANCH
WITH ADDRESS AT 2ND FLOOR
OFFICE COMPLEX BUILDING
LHO COMPLEX, 65, ST. MARKS ROAD
BENGALURU
REPRESENTED BY ITS CHIEF MANAGER
MR RATAN KUMAR SINHA
AGED ABOUT 57 YEARS
S/O LATE M M PRASAD
2. M/S SAMRAT ASHOK EXPORTS LTD
3. MR PRAVEEN CHANDER CHUGH
4. MR ASHOK CHUGH
5. MR DAVINDER KUMAR(DIED)
6. MR SHALEEN CHUGH
7. MRS SARITHA CHUGH
RESPONDENT NOS.2,3,4,5,6 & 7
ARE DELETED AS PER ORDER DATED
21.03.2024.
8. M/S M AND S MARKETING COMPANY
AND M/S M AND S BOTTLING COMPANY
OFFICE-PLOT NO.64
STREET NO.1, SAGAR SOCIETY
ROAD NO.2, BANJARA HILLS
HYDERABAD-500 033
REPRESENTED BY ITS PROPRIETOR
AND PARTNER
9. THE RECOVERY OFFICER-I
DEBTS RECOVERY TRIBUNAL-I
SECOND FLOOR
JEEVAN MANGAL BUILDIGN
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NC: 2024:KHC:45548-DB
WA No. 872 of 2023
NO.4, RESIDENCY ROAD
BENGALURU-560025
DELETED AS PER ORDER DATED
21.03.2024
...RESPONDENTS
(BY SRI.SRIKANTH PATIL K.,ADVOCATE FOR R-1;
SRI.A.S.VISHWAJITH., ADVOCATE FOR R-8.,
VIDE ORDER DATED 21.03.2024 R-2 TO R-7 & R-9 ARE
DELETED)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND SET
ASIDE THE IMPUGNED ORDER DATED 23.05.2023 PASSED BY
THE Ld SINGLE JUDGE OF THIS HONBLE COURT IN WP No-
9639/2018ii) MAKE SUCH OTHER ORDER/ DIRECTION AS THIS
HONBLE COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
and
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Sri.Tapan Narayana, learned counsel for Sri.Shrishail
Shivabasappa Navalgund, learned counsel for the
appellant files a memo dated 11.11.2024 seeking leave of
the Court to withdraw the appeal.
2. Memo dated 11.11.2024 reads as follows:
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"The Appellant most humbly submits
before this Hon'ble Court that the Appellant
had filed this W.A.No.872/2023 against the
Judgment passed in W.P.No.9639/2018.
However, the Appellant now craves the leave
of this Hon'ble Court to withdraw
W.A.No.872/2023.
Wherefore, it is most humbly prayed
before this Hon'ble Court that this memo of
withdrawal by the Appellant of
W.A.No.872/2023 in W.P.No.9639/2018 is
taken on record and that W.A.No.872/2023 be
disposed of as withdrawn."
3. Sri.Srikanth Patil, learned counsel for respondent
No.1 inviting our attention to the interim order dated
09.05.2024 submits that this Court has made it clear that
if, by virtue of interim order, loss is caused to any of the
parties, the appellant would be put to terms.
4. This Court has made it clear that if any of the parties
suffer loss due to the action of the appellant, the appellant
would be put to terms.
NC: 2024:KHC:45548-DB
5. This Court would not quantify or assess the loss
caused.
6. Memo for withdrawal is accepted and the appellant is
permitted to withdraw the appeal. Accordingly, the writ
appeal is dismissed as withdrawn.
Respondent No.1/State Bank of India is at liberty to
initiate any proceedings for recovery of loss, if any, in
terms of interim order dated 09.05.2024 passed in the
above appeal, in the manner known to law.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
MPK
CT:RS
