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2025 DAILYLAW 21157 (KAR)

M/S PINAKINI EDUCATIONAL TRUST v. M/S SIR M VISVESVARAYA CO OPERATIVE BANK LTD

WP/8144/2025 · 2025-03-20

Krishna S Dixit, Ramachandra D Huddar

body2025

Judgment text

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- 1 - NC: 2025:KHC:11568-DB WP No. 8144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 8144 OF 2025 (GM-DRT) BETWEEN: M/S PINAKINI EDUCATIONAL TRUST, BEHIND RAYMOND FACTORY, BYPASS ROAD, CHIKABALLAPURA DISTRICT 561 208. REPRESENTED BY ITS TRUSTEE SMT.ASHA REDDY. …PETITIONER (BY SRI. BALARAM M L., ADVOCATE) AND: M/S SIR. M VISVESVARAYA CO-OPERATIVE BANK LTD., RAJARAJESHWARI NAGARA BRANCH, BANGALORE – 560 098. REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO EXTEND TIME TO DEPOSIT OF 1ST INSTALLMENT OF RS- 1,50,05,199/- ON OR BEFORE 25.04.2025, CONSEQUENTLY TO EXTEND THE TIME TO DEPOSIT THE 2ND INSTALLMENT OF RS.1,50,05,199/- ON OR BEFORE 26.05.2025. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11568-DB WP No. 8144 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel for the petitioner moves a Memo dated 20.3.2025 seeking leave of the court to withdraw the petition in view of certain developments that has happened at the hands of Debt Recovery Appellate Tribunal, Chennai. The said Memo reads as under: “Advocate for the petitioner humbly and respectfully submits as follows; The petitioner has filed the above Writ Petition seeking enlargement of time comply the condition of pre-deposit to maintain the appeal before DRAT at Chennai. The petitioner is ready with a Demand Draft of Rs 1,00,00,000/- as against the amount to be deposit of Rs 4,00,10,398/-. Since the petitioner did not complied the order in full, the Hon'ble DRAT by order dtd. 19.03.2025 pleased to dismiss the appeal. In view of the dismissal of the appeal, the prayer in the Writ Petition become infructuous. This Hon'ble Court may kindly be pleased to dismiss the Writ Petition as withdrawn with the liberty to file the fresh Writ Petition, in the interest of justice.” In view of the above, petition is disposed off as having withdrawn with liberty as sought for. - 3 - NC: 2025:KHC:11568-DB WP No. 8144 of 2025 Registry to send a copy of this order to the respondent-Bank by Speed Post, immediately. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE cbc List No.: 1 Sl No.: 12