- 1 - NC: 2025:KHC-D:7159-DB WA No. 100256 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO. 100256 OF 2025 (GM-RES) BETWEEN: SMT. BHAGYAMMA W/O. NAGARAJ CHALAGERI, PROPRIETOR OF M/S SHREE KOLLUR MOOKAMBIKA WARE HOUSE, KODAMAGGI VILLAGE, MASUR POST, SHIKARIPUR ROAD, HIREKERUR, RATTIHALLI TALUK, HAVERI DISTRICT. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI & SRI. SANTOSH B. MALLIGAWAD, ADVOCATES) AND: 1. CANARA BANK, MASUR BRANCH, REPRESENTED BY ITS SENIOR MANAGER, AK PATIL, COMPLEX, NEAR OLD BUS STAND, MASUR, RATTIHALLI VILLAGE, HAVERI DISTRICT. 2. THE WAREHOUSING DEVELOPMENT AND REGULATORY AUTHORITY, 4TH FLOOR, NCUI BUILDING SHREE INSTITUTION AREA, AUGUST KRANTI MARG, HAUZ KHAS, NEW DELHI, REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR C/R1) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7159-DB WA No. 100256 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961 PRAYING THIS HON’BLE COURT MAY BE PLACED TO STAY. THE OPERATION AND EXECUTION OF THE ORDER DATED 25/04/2025 PASSED BY THE LEARNER, SINGLE JUDGE IN WP.NO.101644/2025 PENDING DISPOSAL OF THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The above appeal is filed under Section 4 of the Karnataka High Court Act, 1961 questioning the interim order dated 25.04.2025 in W.P. No.101644/2025 wherein the learned Single Judge directed the appellant as well as respondent No.2 to allow officials of the respondent No.1- Bank and respondent No.2 to enter warehouse to verify goods that are pledged by the borrowers. This Court, by order dated 06.05.2025, permitted the respondent-Bank to inspect the pledged goods along with respondent No.2. 2. Sri. Suresh S.Gundi, learned counsel for the Cavestor/respondent No.1-Bank, however, submits that the - 3 - NC: 2025:KHC-D:7159-DB WA No. 100256 of 2025 appellant has not co-operated and has failed to open the godown. The same is denied by the appellant’s counsel, Sri. Santosh B.Malligawad appearing on behalf of learned counsel Sri. Mrutyunjay Tata Bangi. Be that as it may. 3. Today, the learned counsel for the appellant files a memo for withdrawal, which reads as follows: “The undersigned counsel for the appellant herein most humbly pray that this Hon’ble court may be pleased to dispose the present appeal as withdrawn with liberty to urge contentions before writ proceedings in the interest of justice and equity.” 4. The appellant having filed the appeal and having suffered an order on 06.05.2025 has come forward to withdraw the appeal. In the facts and circumstances, we permit the appellant to withdraw the appeal with liberty to urge all contentions raised herein before the learned Single Judge, on payment of costs of Rs.25,000/- to respondent No.1-Bank i.e., the petitioner before the learned Single Judge. The appellant-respondent shall be entitled to participate in the proceedings before the learned Single - 4 - NC: 2025:KHC-D:7159-DB WA No. 100256 of 2025 Judge only on production of receipt for having paid costs as imposed above. Accordingly, the writ appeal is dismissed as withdrawn. Sd/- (S G PANDIT) JUDGE Sd/- (G BASAVARAJA) JUDGE KMS CT-MCK List No.: 1 Sl No.: 4