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2025 DAILYLAW 71299 (KAR)

MY SUGAR COMPANY LTD., v. H. T. ANNAJI

WP/24845/2024 · 2025-09-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35668 WP No. 24845 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24845 OF 2024 (GM-CPC) BETWEEN: MY SUGAR COMPANY LTD., (A GOVERNMENT OF KARNATAKA UNDERTAKING), SUGAR TOWN, MANDYA - 571 402, REPRESENTED BY ITS MANAGING DIRECTOR NAGARAJA H.L. …PETITIONER (BY SRI. KIRAN C.V, ADVOCATE) AND: H. T. ANNAJI CLASS-I PWD CONTRACTOR RAVINDRA NAGAR, HASSAN - 573 201. …RESPONDENT (BY SRI. K.S. GANESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE REGISTRATION OF EXECUTION PROCEEDINGS IN COM. EX. NO. 482/2024 VIDE ANNX-B. B) SET ASIDE THE ATTACHMENT ORDER DATED 23/08/2024 PASSED BY THE HONOURABLE ADDL. CITY AND CIVIL AND SESSION JUDGE, BENGALURU IN COM. EX. NO. 482/2024 VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35668 WP No. 24845 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) Issue Writ of Certiorari or any other Writ or order this Hon'ble Court may deem fit to quash the registration of Execution Proceedings in Com. Ex. No 482/2024 vide ANNEXURE B. b) Set aside the Attachment Order dated 23/08/2024 passed by the Honourable Addl. City and Civil and Session Judge Bengaluru in Com. Ex No 482/2024 vide ANNEXURE.A c) Grant such other reliefs as this Honourable Court may deem fit in the facts and circumstances of the case in the interest of Justice and Equity." 2. Heard Shri Kiran C.V., learned counsel appearing for the petitioner and Shri K.S. Ganesh, learned counsel appearing for the respondent. 3. The petitioner is on the ground that the attachment warrant of movables of the petitioner is ordered without issuing notice to the petitioner. It transpires that this very petitioner has preferred a miscellaneous first appeal in MFA.No.2212/2024. - 3 - HC-KAR NC: 2025:KHC:35668 WP No. 24845 of 2024 4. The learned counsel appearing for the respondent submits that there is an undertaking given by the present respondent that they would not precipitate the matter before the executing court in the said MFA.No.2212/2024. 5. In the light of the said undertaking, this petition would not be necessary, as all these contentions can be urged before the Appellate Court in MFA.No.2212/2024. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 7 CT: BHK