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2025 DAILYLAW 75822 (KAR)

MR. M.C. ASHOK, v. M/S SUNDARAM FINANCE LTD.,

WP/11601/2024 · 2025-09-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35438 WP No. 11601 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11601 OF 2024 (GM-CPC) BETWEEN: MR. M.C. ASHOK, S/O M S CHANNEGOWDA AGED ABOUT 51 YEARS, PROPRIETOR OF M/S. SRI LAKSHMI VENKATESHWARA COFFEE TRADING CO, J V S BUIILDING, A I T CIRCLE, K M ROAD, JYOTHINAGAR CHIKKAMAGALURU -577 102 …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: 1. M/S SUNDARAM FINANCE LTD., CORPORATE OFFICE, NO.21, PATULLOS ROAD CHENNAI - 600 002 2. M/S SUNDARAM FINANCE LTD. BRANCH OFFICE AT NO.258, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35438 WP No. 11601 of 2024 1ST FLOOR, 3RD MAIN ROAD, ABOVE SBI BANK, CHAMARAJPET BENGALURU - 560 018 …RESPONDENTS (BY SRI. AVINASH B.C., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK DIRECT THE RESPONDENT BANK TO ACCEPT THE PETITIONERS REQUEST TO GRANT HIM SOME MORATORIUM TIME TO CLEAR THE BALANCE OTS AMOUNT OF RS. 3,85,000/- IN ACCORDANCE WITH THE RESPONDENTS LETTER DATED 24.02.2023 VIDE ANNEXURE-D AND NOT TO PROCEED WITH ANY FURTHER ACTION AGAINST THE PETITIONER. QUASH THE ATTACHMENT MOVABLE WARRANT (AMW) ISSUED AGAINST THE PETITIONER IN EXECUTION PETITION FILED IN EX.NO.2/2019 ON 20.02.2023 BEFORE THE HONBLE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU ON 02.01.2019 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35438 WP No. 11601 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FOR WITHDRAWAL The Under Signed Advocate for Petitioner most respectfully Submits that in this above Case Petitioner is filed the above writ petition issue a writ of certiorari by quashing the attachment movable warrant issued against the petitioner in Execution petition filed in Ex.No.2/2019 on 20/02/2023 before the Hon'ble court of the Prl. District and session judge, Chikkamagaluru. Hence petitioner may be permit me to withdraw the above appeal, in the ends of justice and equity. In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 0