Sri Bhujanga Sharath Kumar Shetty vs M/S Kotak Mahindra Bank
2024 Latest Caselaw 22538 Kant

Karnataka High Court

Sri Bhujanga Sharath Kumar Shetty vs M/S Kotak Mahindra Bank on 4 September, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                        NC: 2024:KHC:36120
                                                      WP No. 19184 of 2021




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                          BEFORE
                      THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    WRIT PETITION NO. 19184 OF 2021 (GM-DRT)

               BETWEEN:

               1.   SRI BHUJANGA SHARATH KUMAR SHETTY
                    W/O SRI BHUJANGA SHETTY,
                    AGED ABOUT 59 YEARS,

               2.   SM VANITHA SHARATH SHETTY
                    W/O.BHUJANGA SHARATH KUMAR SHETTY,
                    AGED ABOUT 56 YEARS,

                    BOTH ARE RESIDING AT
                    NO.255/8, MANJUNATHA NAGAR,
                    7TH CROSS, 1ST MAIN,
                    UTTARAHALLI, BENGALURU-560 061.
                                                              ...PETITIONERS

               (BY SMT. SANGEETA SANGANNAVAR., ADVOCATE FOR
                    SMT. RAMYASHREE G., ADVOCATE )
Digitally
signed by      AND:
SUMA B N
Location:      M/S KOTAK MAHINDRA BANK
High Court     NO.59, SREE COMPLEX,
of Karnataka
               BHSC T BLOCK,
               BANASHANKARI, 3RD STAGE,
               BENGALURU-560 085.
                                                              ...RESPONDENT
               (BY SRI. FRANCIS XAVIER.,ADVOCATE)

                    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
               OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE
               NATURE OF WRIT OF MANDAMUS DIRECTING THE DRT-II
               BENGALURU TO WITH HOLD OR TO PUT OFF THE JUDGMENT TO BE
               PASSED IN THE SAID S.A.NO.394/2019, STILL SUCH TIME AS THE
               CONCLUSION OF ANY COMPROMISE AND ONE TIME SETTLEMENT
                                    -2-
                                                  NC: 2024:KHC:36120
                                               WP No. 19184 of 2021




BETWEEN THE PARTIES HERETO PREFERABLY FROM THE 6 MONTHS
FROM THIS DAY.

      THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE M.G.S. KAMAL


                            ORAL ORDER

Learned counsel for the petitioners files a memo

dated 04.09.2024 seeking withdrawal of the petition.

2. Memo dated 4.9.2024 reads as under;

"The petitioner most respectfully submits that they had preferred a writ of mandamus in the above captioned writ petition directing DRT-II withhold or to put off the judgment to be passed in the said S.A.No.394/2019 still such time as the conclusion of any compromise and one time settlement between the parties.

However, the SA has been disposed off on 15.02.2022. Hence, this writ petition does not survive for consideration and therefore the petitioner prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the petition as not pressed in the interest of justice".

In view of the above memo, petition is dismissed

as withdrawn.

Sd/-

(M.G.S. KAMAL) JUDGE