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2025 DAILYLAW 17285 (KAR)

M/S PHOENIX ARC PVT LTD v. M/S SAMRUDDHI REALTY LIMITED (IN LIQUIDATION)

WP/4859/2021 · 2025-01-15

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1499 WP No. 4859 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 4859 OF 2021 (GM-RES) BETWEEN: M/S PHOENIX ARC PVT LTD., ACTING AS A TRUSTEE OF PHOENIX TRUST FY 19-5 SCHEME I, DANI CORPORATE PARK, 7TH FLOOR, 158, CST ROAD KALINA SANTACRUZ MUMBAI-400 0098. REPRESENTED BY ITS MANAGER AND BOARD RESOLUTION HOLDER MR.PRADEEP MENSADI …PETITIONER (BY SRI. MAHABALESHWAR CHITRIGEMATH., ADVOCATE [ABSENT]) AND: 1. M/S SAMRUDDHI REALTY LIMITED (IN LIQUIDATION), 2ND FLOOR, NO.1, TATA LANE, RICHMOND ROAD CROSS, BANGALORE-560 025. KARNATAKA REPRESENTED BY ITS OFFICIAL LIQUIDATOR/1ST RESPONDENT. MR. PANKAJ SRIVATSAVA. 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CORPORATE AFFAIRS, 2ND FLOOR, KENDRIYA SADAN, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1499 WP No. 4859 of 2021 SANTHOSHPURAM, KUDREMUKH COLONY. KORMANGALA, BANGALORE-560 034. …RESPONDENTS (BY SMT. ANUPARNA BARDOLOI., ADVOCATE FOR R1; SMT. PREMA HATTI., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the petitioner is not represented. When the case is listed and is called out, the advocate must be present. His absence may affect the case. As could be seen from the daily order sheet, the petition was listed on 08.01.2025, on that day, when the matter was called, there was no representation on behalf of the petitioner, either personally or through video conferencing. Hence, for appearance of counsel for the petitioner, the petition was ordered to be listed on 15.01.2025. The petition is listed today for appearance of counsel for the petitioner. As already noted above, when the case is called, the petitioner is not represented. It appears that the petitioner - 3 - NC: 2025:KHC:1499 WP No. 4859 of 2021 is not interested in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 27