- 1 - HC-KAR NC: 2025:KHC:20222 WP No. 20609 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20609 OF 2022 (GM-KIADB) BETWEEN: 1. M/S TATA CAPITAL FINANCIAL SERVICES LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING OFFICE AT KRISHNA TOWER, NO.82/1, 1ST AND 2ND FLOOR, RICHMOND ROAD, BANGALORE-560 025. REPRESENTD BY ITS AUTHORIZED REPRESENTATIVE ASHOK HEGDE, S/O ASHOK NARAYAN HEGDE, AGED ABOUT 51 YEARS, (GPA HOLDER) … PETITIONER (BY SRI. SWAROOP SRINIVAS., ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT HAVING OFFICE AT NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560 001 REPRESENTED BY THE JOINT DIRECTOR. 2. CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20222 WP No. 20609 of 2022 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT HAVING OFFICE AT NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560 001 M/S SINDHU CARGO SERVICES PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING OFFICE AT BLOCK NO.3, SINDHU LOGISTIC PARK, NO.34, NELLAKUNTE, NEAR MVIT COLLEGE, BETTAHALASURU, HUNSE, MARANAHALLI PO, BANGALORE-562 157 REPRESENTED BY SRI RAGHAVENDRA UDUPA (SENIOR MANAGER) 4. GOPALAPPA BALARAJU R/AT NO.72, AABHUDAYA, 2ND CROSS, KEMPAIAH BLOCK, LOWER PALACE ORCHARD, P.GUTTAHALLI, BANGALORE-560 003. 5. VEDAVATHI BALARAJU R/AT NO.72, AABHUDAYA 2ND CROSS, KEMPAIAH BLOCK, LOWER PALACE ORCHARD P.GUTTAHALLI, BANGALORE - 560 003. M/S. CHRIS AIRWAYS PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR AND CHAIRMAN MR. ROBERT CHRISTOPHER S. S/O V. SELVARAJ AGED ABOUT 56 YEARS R/AT NO.1, REHOBOTH SMPC - 3 - HC-KAR NC: 2025:KHC:20222 WP No. 20609 of 2022 INTERNATIONAL WORSHIP CENTRE, HENNUR MAIN ROAD BANGALORE, BANGALORE NORTH KARNATAKA - 560 043. … RESPONDENTS (BY SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R1 &R2; SRI B.K. SANJAY, ADVOCATE FOR R3 & R4; R5 - SERVED; SRI S.P. KULKARNI, SENIOR COUNSEL FOR SRI VASANTHA KUMAR K.M., ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 17.09.2022 PASSED BY THE R-1 REJECTING THE REPRESENTATION DTD 22.02.2022 ISSUED BY THE PETITIONER, IS IN VIOLATION OF PRINCIPLE OF NATURAL JUSTICE, ARBITRARY, ILLEGAL AND WITHOUT THE AUTHORITY OF LAW VIDE ANNEXURE-A 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 has filed a memo and submits that the relief sought for in this petition does not survive for consideration, as Sale Certificate is issued. 2. The memo is taken on record. It reads as follows:- "The undersigned herewith craves the leave of this Hon'ble Court that in view of auction sale - 4 - HC-KAR NC: 2025:KHC:20222 WP No. 20609 of 2022 that was conducted by the petitioner on 18.12.2023 in respect of the schedule property, the prayer sought in the writ petition has become infructuous. Wherefore, this Hon'ble Court by taking memo on record may pass appropriate orders in the interest of justice and equity." 3. In light of the memo filed, the petition is dismissed as not calling for adjudication. 4. Sri S.P.Kulkarni, learned Senior Counsel appearing on behalf of Sri Vasantha Kumar K.M, for respondent No.6, who is now directed to be impleaded, submits that there are certain rights and contentions of respondent No.6 as auction purchaser. 5. The rights and contentions of respondent No.6 is kept open to be asserted as per the procedure in law. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR