Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74686 (KAR)

M/S AMRIT FEEDS LIMITED v. M/S AISHWARYA FOODS & FEEDS

WP/35926/2019 · 2025-07-23

Vijaykumar A Patil

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27973 WP No. 35926 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 35926 OF 2019 (GM-CPC) BETWEEN: M/S AMRIT FEEDS LIMITED INFINITY BENCHMARK, 6TH FLOOR, BLCOK E P & GP SECTOR V SALT LAKE, KOLKATA - 700 091, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. RAVINDRA NARAYAN SINGH. …PETITIONER (BY SRI. TAMARRA SEQUEIRA, ADVOCATE) AND: 1. M/S AISHWARYA FOODS & FEEDS HAVING ITS OFFICE AT 2ND CROSS, SHIVALINGAIAH COLONY JEEVAN BHIMA NAGAR, BENGALURU - 560 017 REPRESENTED BY ITS PROPRIETRIX MRS. VAIDEHI BALAN W/O K DHANABALAN. 2. M/S AMRIT HATCHERIES PRIVATE LIMITED INFINITY BENCH MARK 6TH FLOOR, BLOCK E P & GP SECTOR V SALT LAKE, KOLKATA - 700 091 REPRESENTED BY ITS AUTHORISED REP. …RESPONDENTS (BY SRI. B. KESHAVA MURTHY, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:27973 WP No. 35926 of 2019 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 26 JULY 2019 (ANNEXURE-A) REJECTING THE PETITIONER'S REQUEST FOR TIME CONDUCT CROSS- EXAMINATION IN KANNADA AND CONSEQUENTLY CLOSING THE STAGE OF CROSS-EXAMINATION OF THE WITNESS OF R-1 IN O.S.NO.2409 OF 2016 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioner has filed a memo for retirement, which reads as under: "1. The present Petition is filed by the Petitioner against the Respondents inter alia challenging the Order dated 26 July 2019 passed by the Hon'ble XXII AddI. City Civil & Sessions Judge, Bengaluru in O.S. No. 2409 of 2016. 2. It is respectfully submitted that vide Order dated 22 October 2019 the Hon'ble National Company Law Tribunal, Kolkata Bench admitted a petition under Section 9 of IBC, 2016 filed to initiate corporate insolvency resolution process against the Petitioner herein. - 3 - HC-KAR NC: 2025:KHC:27973 WP No. 35926 of 2019 3. Pursuant thereto, the Petitioner company instructed us to not appear in the captioned matter. In view thereof, the undersigned Counsel for the Petitioner is filing the present Memo for Retirement in the captioned matter. A copy of the letter issued by us to the Petitioner dated 12 December 2019 is produced as Annexure - A with this Memo. WHEREFORE, this Hon'ble Court may be pleased to take this Memo on record and permit the counsels for Petitioner to retire from the captioned matter." 2. In view of the aforesaid memo, it appears that the petitioner - company is not interested in prosecuting the matter. Hence, the writ petition is dismissed for non-prosecution. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PHM List No.: 1 Sl No.: 34