- 1 - NC: 2025:KHC:1853-DB WP No. 26474 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 26474 OF 2023 (GM-DRT) BETWEEN: 1. IPAC PAPER BOARDS (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 5TH KM, BATHLANGUNDU ROAD, PITHAIAIPATTY POST, DINDIGUL-624 001 AND BRANCH OFFICE AT 559, RMV 2ND STAGE, NEW BEL ROAD, BENGALURU-560 094. REPRESENTED HEREIN BY ITS DIRECTOR-VIKRAM BALARAMAN. 2. VIKRAM BALARAMAN S/O DR. K. BALARAMAN, AGED ABOUT 40 YEARS, RESIDING AT NO.559. RMV 2ND STAGE, NEW BEL ROAD, BENGALURU-560 094. 3. DR. K. BALARAMAN S/O LATE V.L. KRISHNASWAMY, AGED ABOUT 72 YEARS, Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1853-DB WP No. 26474 of 2023 RESIDING AT NO.559, RMV 2ND STAGE, NEW BEL ROAD, BENGALURU-560 094. 4. DHAMODHARAN S/O M.P. VEERAPPA NAICKER, AGED ABOUT 61 YEARS, RESIDING AT SRI LAKSHMI INDUSTRIES COMPOUND, BATHLANGUDU ROAD, PITHALAIPATTY POST, DINDIGUL-624 001. … PETITIONERS (BY SRI. SANJAY H SETHIYA., ADVOCATE) AND: 1. KOTAK MAHINDRA BANK LIMITED A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980, HAVING ITS REGISTERED OFFICE AT 27 BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400 051 AND BRANCH OFFICE AT NO.3, DAS INDIA TOWERS, 2ND FLOOR, 2ND LINE BEACH, PATTY'S CORNER, CHENNAI-600 001. … RESPONDENT (BY SRI. ACHAL ANAND V J. AND SRI O.P. AGARWAL, ADVOCATES) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE WRIT, - 3 - NC: 2025:KHC:1853-DB WP No. 26474 of 2023 ORDER OR DIRECTION a) SET ASIDE THE ORDER DATED 08/11/2023 PASSED BY HON'BLE DRAT, AS UNDER ANNEXURE- A; b) GRANT COSTS OF THE PROCEEDINGS AND c) GRANT SUCH OTHER RELIEFS OR FURTHER RELIEFS AND ETC. THIS 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 G BASAVARAJA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Respondent has moved the memo dated 14.02.2024 seeking dismissal of the petition on the ground that it has become infructuous. 2. When asked, learned counsel for the petitioner in appreciable manner, agrees with the same. 3. Memo dated 14.02.2024 reads as under: "1. That, the Petitioners in the instant case had preferred another Writ Petition before this Hon'ble Court bearing W.P. No. 28413 of 2023 seeking to set aside (a) judgment dated 27.07.2019 in O.A. No. 119/2017; (b) Recovery Certificate in DRC No. 152/2020 arising out of OA No. 119/2017; - 4 - NC: 2025:KHC:1853-DB WP No. 26474 of 2023 and (c) Common Order dated 23.11.2023 passed by the Hon'ble DRAT in A.I.R. No. 243/2023 and A.I.R No. 245/2023. 2. That, the Division Bench of this Hon'ble Court, through its judgment dated 20.12.2023 ("Judgment"), was pleased to dismiss the writ petition permitting the Petitioners to file an appropriate application before DRAT (wrongly mentioned as DRT) for waiver of statutory deposit. A copy of the judgment dated 20.12.2023 passed by the Division Bench of this Hon'ble Court in W.P. No. 28413 of 2023, as available on the website of this Hon'ble Court, is annexed herewith as Annexure - A to this Memo. 3. That, pursuant to the Judgment passed by this Hon'ble Court, the present Writ Petition is infructuous. WHEREFORE, this Hon'ble Court may be pleased to take this Memo on record and accordingly dismiss the instant Writ Petition for being infructuous in light of the judgment dated 20.12.2023 passed by the Division Bench of this Hon'ble Court in W.P. No. 28413 of 2023." - 5 - NC: 2025:KHC:1853-DB WP No. 26474 of 2023 4. In the above circumstances, leave having been given, petition is disposed of as having become infructuous, costs having been made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE VP