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2025 DAILYLAW 19075 (KAR)

BT & FC (P) LTD v. STATE BANK OF INDIA

WP/58444/2017 · 2025-01-27

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3608 WP No. 58444 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 58444 OF 2017 (GM-RES) BETWEEN: BT & FC (P) LTD., DISTILLERY, NO. 15, 1ST PHASE, 2ND CROSS, PEENYA, BENGLAURU-560 058. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. M.V.MURALIDHAR, S/O. LATE. P.VENKATANARASIMHAIAH, AGED ABOUT 69 YEARS, …PETITIONER (BY SRI. K.N.MOHAN., ADVOCATE) AND: STATE BANK OF INDIA STREESED ASSETS MANAGEMENT BRANCH, 2ND FLOOR, OFFICE COMPLEX BUILDING, LHO CAMPUS, NO. 65, ST.MARKS ROAD, BENGLAURU-560 001. REPRESENTED BY CHIEF MANAGER AND AUTHORISED OFFICER. …RESPONDENT (BY SRI. B.N.TULSI KUMAR., ADVOCATE) 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: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3608 WP No. 58444 of 2017 ORAL ORDER Sri.K.N.Mohan., counsel for the petitioner has appeared in person. Sri.B.N.Tulsi Kumar., counsel for the respondent has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Letter dated 05.12.2017 issued by the respondent vide Annexure-A and a Mandamus directing the respondent to grant further time to deposit a sum of Rs.6,77,480/- towards balance upfront amount. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. As could be seen from the daily order sheet, the petition was listed on 26.12.2017, on that day, the petitioner had undertaken to deposit a sum of Rs.10,00,000/- within ten days from 26.12.2017. Thereafter, the petition was listed on several dates. A perusal of the daily order sheet reflects that the petitioner has not deposited the amount. Furthermore, this Court vide order dated 18.09.2024 made it very clear that if - 3 - NC: 2025:KHC:3608 WP No. 58444 of 2017 the acknowledgment for payment of Rs.10,00,000/- as directed by this Court is not produced, the petition would be considered for dismissal on that ground alone. The petition is listed today. The petitioner has not deposited the amount. In view of the peremptory order, the Writ Petition is dismissed. In view of dismissal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP,TKN List No.: 2 Sl No.: 12