- 1 - NC: 2025:KHC:14952 WP No. 9827 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9827 OF 2025 (GM-CPC) BETWEEN: MUTHOOT FINANCE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS HEAD OFFICE AT MUTHOOT CHAMBERS OPPOSITE SARITHA THEATRE COMPLEX BANERJI ROAD. KOCHI-682048 REP BY ITS AUTHORIZED OFFICER/MANAGER SRI AJUMON P GEORGE. …PETITIONER (BY SRI. ANISH JOSE ANTONY., ADVOCATE) AND: SRI. G N MANJUNATHA AGED ABOUT 43 YEARS S/O NAGARAJA RESIDING AT NO.80 DASARA STREET GUNJUR POST VIA VARTHUR BANGALORE 560087. …RESPONDENT (BY SRI.H R SRIDHAR MURTHY., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ANNEXURE-A ORDER DATED: 24.02.2025 IN IA NO.3 IN COM.O.S.NO. 217/2024 PASSED BY THE 10TH ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BANGALORE RURAL DISTRICT AND CONSEQUENTLY ALLOW THE IA NO.3 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14952 WP No. 9827 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 24.02.2025 passed by the X Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, on I.A.No.III filed by the defendant under Order VII Rule 10 of CPC in Com.O.S.No.217/2024, whereby the Trial Court has rejected the said application. 2. Learned counsel appearing for the petitioner- defendant has submitted that the suit itself is not maintainable because the plaint does not specify the pecuniary jurisdiction. 3. Per contra, learned counsel for the respondent- plaintiff has submitted that in the application filed by the defendant, he has not stated anything related to pecuniary jurisdiction. - 3 - NC: 2025:KHC:14952 WP No. 9827 of 2025 4. After arguing the matter for sometime, the learned counsel for the petitioner has filed the memo dated 08.04.2025 seeking leave of this Court to withdraw the writ petition with liberty to file the necessary application before the trial Court. 5. Memo dated 08.04.2025 is taken on record. 6. Accordingly, the writ petition is dismissed as withdrawn with liberty to file the application, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 14