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2025 DAILYLAW 34350 (KAR)

M/S HEALTHY FOODS GSM UNLIMITED v. THE AUTHORISED OFFICER

WP/25751/2023 · 2025-03-10

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:10175 WP No. 25751 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25751 OF 2023 (GM-DRT) BETWEEN: 1. M/S HEALTHY FOODS GSM UNLIMITED REPRESENTED BY ITS PROPRIETRIX SMT. SUSHMITHA U., NO. 37, APMC YARD, 9TH GATE YESHWANTHPUR, BENGALURU PIN - 560 022. 2. SMT. SUSHMITHA AGED ABOUT 24 YEARS D/O MR.UMASHANKAR NO. 29, 3RD CROSS, “B” EAST LINK ROAD MALLESHWARAM BENGALURU – 560 003. 3. M/S. SOMESH OILS INTERNATIONAL LIMITED REPRESENTED BY ITS DIRECTORS (A) MR.N. MALLIKARJUNAIAH (B) MR.K.G.NANJAPPA NO. 2766, 3RD CROSS EAST LINK ROAD MALLESHWARAM, BENGALURU PIN - 560 003. 4. MR.N.MALLIKARJUNAIAH AGED ABOUT 69 YEARS S/O LATE CHIKKA NANJUNDAPPA NO. 28, ANGONDHALLI NEAR POST, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10175 WP No. 25751 of 2023 OFFICE MULABAGAL ANGONDHALLI KOLAR – 563 131. 5. MR.K.G.NANJAPPA AGED ABOUT 71 YEARS S/O LATE SRI K.S.GANGAPPA NO. 969, SUBRAMANYA SHETTY ROAD BANGARAPETE KOLAR DISTRICT PIN: 563 114. 6. MR.D.S.THARAKESH AGED ABOUT 55 YEARS S/O LATE D.V. SHIVAKUMAR NO. 2055, 5TH BLOCK JANAPRIYA TOWN SHIP NEAR MUTTURAYA TEMPLE KADABEGERE, BENGALURU – 562 130. 7. MR.A.S.SHANKAR AGED ABOUT 60 YEARS S/O SRI SADASHIVAIAH A.N., NO.29, 3RD CROSS EAST LINK, ”B” STREET, MALLESHWARAM BENGALURU – 560 003. …PETITIONERS (BY SRI RAJENDRA M.A., ADVOCATE) AND: 1. THE AUTHORISED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING KEMPEGOWDA ROAD BENGALURU - 560 009. - 3 - NC: 2025:KHC:10175 WP No. 25751 of 2023 2. THE CHIEF MANAGER AND AUTHORIZED OFFICER KARNATAKA BANK LTD., REGD. OFFICE AND HEAD OFFICE P.B.NO.599, MAHAVEERA CIRCLE, KANKANADY, MANGALURU – 575 002. …RESPONDENTS (BY SRI K.V.SHYAMA PRASADA, ADVOCATE FOR R-1; SRI NITHINCHANDRA M., ADVOCATE FOR C/R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN INTERIM ORDER OF STAY/STATUS QUO, TILL DISPOSAL OF THE MAIN APPLICATION FILED U/S 17 OF THE SARFAESI ACT, 2002, BY THE HON’BLE DEBT RECOVERY TRIBUNAL-II, (IN SHORT DRT-II), BENGALURU, SINCE NO ORDERS ARE PASSED IN I.A.NO.1742/2003 IN S.A.NO.271/2023 ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners files a memo seeking permission to withdraw the petition. 2. The memo reads as follows: “MEMO FOR WITHDRAWAL It is respectfully submitted that, in view of the I.A of the Interim Order / relief sought for has rendered infructuous as the matter before the DRT in S.A.No.271/2023 is disposed and hence prays to permit us to withdraw the petition as withdrawn. Hence, prays - 4 - NC: 2025:KHC:10175 WP No. 25751 of 2023 to dispose the matter as withdrawn and the same may be taken on record in the interest of justice and equity.” In terms of the memo, the writ petition is disposed as withdrawn. SD/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 272