- 1 - NC: 2025:KHC:145 WP No. 29136 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.29136 OF 2024 (CS-RES) BETWEEN: M/S. MOHAMMEDIYA CASHEW PRIVATE LTD., (PRIVATE LIMITED COMPANY REPRESENTED BY ITS PARTNER) B.A. MOHAMMED, S/O ABDULLA, AGED ABOUT 69 YEARS, HOUSE NO.1-618, VAKWADI ROAD, KUMBASHI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576 257. …PETITIONER (BY SMT. KAVITHA N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, MANGALORE, D.K - 575 003. 3. SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, (REGISTERED UNDER CO-OPERATIVE ACT) Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:145 WP No. 29136 of 2024 REPRESENTED BY ITS CEO, SAIBARAKATTE BRANCH, UDUPI DISTRICT - 576 257. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO.8 AND 9 AUCTION NOTICE DATED 13.09.2024 ISSUED BY THE RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, DISTRICT CENTRAL CO-OPERATIVE BANK, MANGALORE IN DISPUTE NO.1049/2023-24, 1051/2023-24 AND 1050/23-24 C.E.P.NO.752/2023-24, 753/2023-24 AND 754/2023-24 AT ANNX-A AND B TO GRANT SUCH OTHER RELIEF AS THE HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioner files memo, which reads as under: "The Petitioners has come forward to settle the matter amicably in the bank/under OTS Scheme and - 3 - NC: 2025:KHC:145 WP No. 29136 of 2024 in view of the same the Petitioners herein is not desirous of continuing the matter. Hence, the Petitioners has decided to withdraw the above Petition. WHEREFORE, the above Petition may be dispose off as withdrawn, in the interest of justice and equity." 2. Memo is taken on record. 3. In view of the memo filed, the petition stands dismissed as withdrawn. Sd/- (JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 51 CT: BHK