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2025 DAILYLAW 18573 (KAR)

M/S NOBLE FOUNDATION v. STATE OF KARNATAKA

WP/6963/2024 · 2025-03-19

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:11509 WP No. 6963 of 2024 C/W WP No. 6408 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6963 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 6408 OF 2024 (GM-TEN) IN WP No. 6963/2024 BETWEEN: M/S NOBLE FOUNDATION THROUGH ITS AUTHORIZED REPRESENTATIVE A REGISTERED TRUST MR. CONCEPTION A. FERNANDES HAVING THEIR REGISTERED OFFICE AT SURVEY NO.112/1, VITTSANDRA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK BANGALORE - 560 100 INDIA. …PETITIONER (BY SRI. THRIMURTHY K P., ADVOCATE) AND: STATE OF KARNATAKA LABOUR DEPARTMENT, KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD (KBOCWWB) THROUGH ITS SECRETARY, HAVING THEIR OPERATIONAL OFFICES SITUATED AT KALYANA SURAKSHA BHAVAN, ITI COMPOUND, DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU. …RESPONDENT (BY SRI. SHAMANTH NAIK, HCGP) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11509 WP No. 6963 of 2024 C/W WP No. 6408 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DELIVER UP BANK GUARANTEE DATED 3.9.22 FOR AN AMOUNT OF INR 10,49,400 (RUPEES TEN LAKHS FORTY NINE THOUSAND AND FOUR HUNDRED ONLY), WHICH WAS VALID UP TO 22-08-2023, AND FURTHER CLAIM PERIOD UP TO 22.8.24, BEARING NO. 31800IGL0001522, ISSUED BY UNION BANK OF INDIA BANK IN FAVOUR OF RESPONDENT TO THE PETITIONER AND ETC. IN WP NO. 6408/2024 BETWEEN: EDUSPARK INTERNATIONAL PRIVATE LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE MS BHAWNA ARORA HAVING THEIR REGISTERED OFFICE AT MOTILAL NAGAR 1, SRIRANG SABDE MARG OFF LINK ROAD GOREGAON WEST MUMBAI - 400 104, INDIA ...PETITIONER (BY SRI. THRIMURTHY K P., ADVOCATE) AND: STATE OF KARNATAKA LABOUR DEPARTMENT KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD THROUGH ITS SECRETARY HAVING THEIR OPERATIONAL OFFICE SITUATED AT KALYANA SURAKSHA BHAVANA, ITI COMPOUND DAIRY CIRCLE, BANNERGHATTA ROAD BENGALURU - 560 029 ...RESPONDENT (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS PETITIONQUASHING SETTING ASIDE THE DECISION OF RESPONDENT TO FORFEIT THE EMD AMOUNT OF INR 7,38,000/- AS WELL AS INR 3,95,000/- COUPLED WITH THE DECISION OF ENCASEMENT OF BANK GUARANTEE OF WORTH INR 14,70,000/- AS ARBITRARY, UNJUST, UNREASONABLE, UNCONSCIONABLE, NULL AND VOID AND ETC. - 3 - NC: 2025:KHC:11509 WP No. 6963 of 2024 C/W WP No. 6408 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner in both these petitions files a memo seeking to withdraw the petition. The memo reads as follows: " MEMO Petitioner intends to withdraw the writ petition. Copy of the letter dated 12/3/25 addressed by the petitioner to the undersigned is produced herewith. As such this Hon'ble Court may be pleased to dismiss the writ petition as withdrawn with liberty to the petitioner to pursue the matter in future, if need be, in the ends of justice." 2. In terms of memo, the petitions are disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 2 Sl No.: 8