- 1 - HC-KAR NC: 2025:KHC:19841 WP No. 11380 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11380 OF 2025 (GM-RES) BETWEEN: 1. Y G SHIVAKUMAR S/O GURUSIDDAPPA, AGED ABOUT 43 YEARS, R/A NO. 607, 6TH FLOOR, TULIP BLOCK, DIVYA JSR LIMELITE, KAMMAGONDANAHALLI, BANGALORE-560 015. … PETITIONER (BY SRI. DILRAJ ROHIT SEQUEIRA., ADVOCATE) AND: 1. THE NATIONAL COMPANY LAW TRIBUNAL BANGALORE BENCH REPRESENTED BY DY. REGISTRAR CORPORATE BHAWAN 12TH FLOOR, RAHEJA TOWERS M.G. ROAD BENGALURU - 560 001. 2. PRAKUL THADI S/O MR. KAMALAKARA RAO THADI AGED ABOUT 29 YEARS HAVING IBBI REG. ADDRESS Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19841 WP No. 11380 of 2025 AT FLAT NO.1405, J. BLOCK, RAINBOW VISTAS GREEN HILLS ROAD MOOSAPET, HYDERABAD TELANGANA. 3. DIVYA INFRA PROPERTIES PVT. LTD. CORPORATE DEBTOR, PROPRIETOR REPRESENTED BY M.S. RAVI PRASAD S/O MALISHETTY MANIKYALA RAO AGED ABOUT 66 YEARS HAVING REGISTERED OFFICE AT NO.4A, 9TH MAIN, SADASHIVANAGAR BANGALORE - 560 080. 4. OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED, FINANCIAL CREDITOR, THE MANAGER HAVING ITS REGISTERED OFFICE AT NO. 09, M.P. NAGAR, FIRST STREET, KONGU NAGAR EXTENSION, TIRUPUR, COIMBATORE, TAMILNADU-641 607 AUTHORIZED SIGNATORY SHUBHODEEP BANERJEE. 5. MANOJ K. VARMA @ MANOJ KARTHIKEYAN, S/O SRI KARTHIKEYAN, AGED ABOUT 40 YEARS, R/A NO. 202, ASHWINI RESIDENCY, SEENAPPA LAYOUT, - 3 - HC-KAR NC: 2025:KHC:19841 WP No. 11380 of 2025 NEW BEL ROAD, BENGALURU-560 094. 6. THE STATION HOUSE OFFICER, GANGAMANAGUDI POLICE STATION, BANGALORE-560 014. … RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28/06/2024, IN INTERLOCUTORY APPLICATION NO. 477/2024, PASSED BY THE HONORABLE NCLT IN CP (IB NO.11/BB/2023) BY R1 DIRECTING R2 TO TAKE POSSESSION OF THE PETITION SCHEDULE PROPERTY AS PER DOCUMENT PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioner files a memo seeking to withdraw the petition with liberty to approach NCLAT. 2. The memo is taken on record. It reads as follows:- "That, the petitioner most humbly submits as herebelow:- - 4 - HC-KAR NC: 2025:KHC:19841 WP No. 11380 of 2025 That, in the above numbered case, this Honourable Court may kindly be pleased to dispose the writ petition with liberty to approach the NCALT (sic) to meet the ends of justice and equity." 3. In light of the memo filed, this petition is dismissed with liberty to challenge the impugned action before the appropriate legal forum. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR