Karnataka High Court
M/S. Pg Setty Construction Technology ... vs The Managing Director on 2 September, 2024
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NC: 2024:KHC:35588-DB
WA No. 802 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 802 OF 2023 (GM-RES)
BETWEEN:
M/S. PG SETTY CONSTRUCTION
TECHNOLOGY PVT. LTD.,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956
HAVING OFFICE AT NO.74,
SANDESH ARCADE, 3RD FLOOR,
SAHUKAR CHENNAIAH ROAD,
17TH MAIN, KUVEMPUNAGAR NORTH,
SARASWATHIPURAM,
Digitally signed by MYSURU-570 009.
HARIKRISHNA V
Location: HIGH PRESENTLY HAVING OFFICE
COURT OF AT PLOT NO. 32,
KARNATAKA PG SETTY PRECAST YARD,
JK TYRE-PREETHI GARDEN ROAD,
HEBBAL INDUSTRIAL AREA,
MYSURU-570 016
REPRESENTED BY ITS
MANAGING DIRECTOR,
SR.M.G. SOMASHEKAR.
...APPELLANT
(BY SRI. SUNIL S RAO, ADVOCATE FOR
SRI. T. SESHAGIRI RAO, ADVOCATE)
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NC: 2024:KHC:35588-DB
WA No. 802 of 2023
AND:
1. THE MANAGING DIRECTOR
KARNATAKA STATE POLICE HOUSING
AND INFRASTRUCTURE DEVELOPMENT,
A CORPORATION WHOLLY OWNED
BY THE GOVERNMENT OF KARNATAKA
HAVING OFFICE AT NO.59,
RICHMOND ROAD,
(GEN. K.G. THIMMAYYA ROAD)
BENGALURU-560 002.
2. THE EXECUTIVE ENGINEER CONTRACTS,
KARNATAKA STATE POLICE HOUSING
AND INFRASTRUCTURE DEVELOPMENT,
A CORPORATION WHOLLY OWNED BY THE
GOVERNMENT OF KARNATAKA
HAVING OFFICE AT NO. 59,
RICHMOND ROAD,
(GEN. K.G. THIMMAYYA ROAD)
BENGALURU-560 002.
3. ASSISTANT GENERAL MANGER
CANARA BANK, MID CORPORATE BRANCH,
MYSURU-570 017.
...RESPONDENTS
(BY SRI. PRAKASH G PAWAR, ADVOCATE FOR C/R1 & R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
02/06/2023 ONE PASSED BY THE LEARNED SINGLE JUDGE IN
WP NO.753/2023, WHICH WAS A WRIT PETITION FILED BY
THE APPELLANT HEREIN AGAINST THE RESPONDENTS HEREIN
AND CONSEQUENTLY, PASS NECESSARY ORDERS TO ALLOW
THE WRIT PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
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NC: 2024:KHC:35588-DB
WA No. 802 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Learned counsel for the appellant has filed a memo dated
02.09.2024, which reads as under:
"The counsel for the Appellant humbly submits
as follows:
It is submitted that, the current writ Appeal
has been filed by the unsuccessful Writ Petitioner
being aggrieved against the order permitting the
invocation of the bank guarantee by the Respondent
Corporation under the impugned order dated
02.06.2023 one passed by the learned Single Judge
in W.P.No.753/2023.
It is submitted that, immediately subsequent to
passage of the impugned order between 02.06.2023
to 05.06.2023 the bank guarantee issued by the
current appellant were invoked by the Respondent
corporation which has thus lead to a contractual
breach of the matter and owing to the presence of a
arbitration clause the said dispute requires to be
resolved vide arbitration. However, since the matter
involves certain remarks rendered by the learned by
the learned single judge at Para 11, 12 and 16, this
court be pleased to grant leave to the current
Appellant to withdraw the current Appeal to address
the said grievance before the learned Single Judge in
NC: 2024:KHC:35588-DB
form of a Review Petition and consequent remedies
available under law if necessitated thereto.
Hence, the said memo be taken on record and
the Appellant be grant leave to file a memorandum
of Review Petition before the Learned Single Judge to
meet the ends of the justice and equity."
2. In view of the contents of the memo, the appeal is
dismissed as withdrawn with liberty to the appellant to
approach the learned Single Judge in accordance with law.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
VM
