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2025 DAILYLAW 41719 (KAR)

M/S NATARAJ CONSTRUCTIONS CO v. HINDUJA LEYLAND FINANCE LIMITED

WP/7061/2023 · 2025-10-28

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42889 WP No. 7061 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7061 OF 2023 (GM-RES) BETWEEN: 1. M/S NATARAJ CONSTRUCTIONS CO. A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT NO. 79, NALANDA COMPLEX, JUDGES BUNGLOW ROAD, VASTAPUR, AHMEDABAD, GUJRAT - 380015. REPRESENTED BY ITS PARTNERS MR NIRMALKUMAR @ NIRMALBHAI N PATEL AND MR ASHWIN N PATEL @ ASHWINIBHAI N PATEL. …PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND: 1. HINDUJA LEYLAND FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, NO.1, SARDAR PATEL ROAD, GUINDY, CHENNAI - 600032. ALSO HAVING ITS BRANCH OFFICE AT, NO. 21/1 GROUND FLOOR, JELITTA TOWERS, MISSION ROAD, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42889 WP No. 7061 of 2023 BENGALURU 560027, REPRESENTED BY ITS DIRECTOR. …RESPONDENT (BY SRI. S.M. ANEES AHMED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.01.2023 ALLOWING IA. NO.2 PASSED BY THE HON'BLE LXXXVIII ADDL. CITY CIVIL AND SESSION JUDGE (COMMERCIAL COURT), BENGALURU URBAN (CCH-89) IN COM.AA NO.82/2023 AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. It is submitted by the learned counsel appearing for the respondent that, in view of the pendency of this writ petition before this Court, the respondent herein being a petitioner before the Commercial Court in Com.A.A.No.82/2023, is not able to withdraw the same. 2. It is further submitted by the learned counsel appearing for the respondent that, the respondent herein has decided to - 3 - HC-KAR NC: 2025:KHC:42889 WP No. 7061 of 2023 withdraw the Commercial Application filed before the Commercial Court, Bengaluru, with liberty to file the same before the competent Court having the jurisdiction. 3. In that view of the matter, recording the submission made by the learned counsel appearing for the respondent, I am of the view that, no further orders are required to be passed in this Writ Petition. 4. Accordingly, reserving liberty as prayed for by the respondent, the Writ Petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE SAC List No.: 2 Sl No.: 1