- 1 - NC: 2025:KHC-D:2769 WP No. 107308 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107308 OF 2024 (GM-CPC) BETWEEN: SRI. CHANDRASHEKAR S/O. HALAPPA MAVINTOP, AGE: 69 YEARS, OCC: BUSINESS, R/O. NEAR NEW BUS STAND, PB ROAD, DHARWAD-580004. …PETITIONER (BY SRI. LINGESH V. KATTEMANE, ADVOCATE) AND: 1. SRI. ARUN S/O. YAMANASA HABIB, AGE: 48 YEARS, OCC: BUSINESS, R/O. H. NO.116, NEAR NEW BADAMI NAGAR, KESHWAPUR, HUBBALLI, DIST: DHARWAD-580029. 2. M/S. SPARKONIX (I) PVT. LTD., R/BY ITS DIRECTOR SRI. RAMESH PATWARDAN, AGE: MAJOR, OCC: BUSINESS, R/O. B-4, H BLOCK MIDC PIMPRI PUNE-411018. 3. M/S PRECISION WEIGHING SYSTEM, R/BY ITS SRI PRADEEP RASTOGI (CEO) AGE: MAJOR, OCC: BUSINESS, R/O. PLOT-8-10, DEW DROP VILLA 672/7/1, BIBEWADI, PUNE-411037. 4. M/S SIDDIVINAYAK TRANSFORMER INDUSTRIES, R/BY ITS SRI ROHIT GAONKAR (PARTNER), GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:59 +0530 - 2 - NC: 2025:KHC-D:2769 WP No. 107308 of 2024 AGE: MAJOR, OCC: BUSINESS, R/O. 161, KAKATI INDUSTRIAL ESTATE KAKATI, BELAGAVI, KARNATAKA-591113. 5. M/S BVB ENGINEERING COMPANY R/BY ITS MR. BASTI (PROPRIETOR) AGE: MAJOR, OCC: BUSINESS, R/O. NO.5, PUJARI BUILDING, NEELAGEN ROAD, HUBBALLI-580028. 6. M/S CHANDAN SENSOR CONTROLS, R/BY ITS MR. BANTY (PROPRIETOR) AGE: MAJOR, OCC: BUSINESS, R/O. NO.479, KAKATI TAGORE STREET, UDAYA NAGAR, BENGALURU. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI, QUASHING THE ORDER PASSED BY THE HON’BLE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DHARWAD DATED 20/9/2024 ON I.A NO.4 DATED 5/6/2024 U/S 151 OF CPC AS PER ANNEXURE-V; ISSUE THE DIRECTIONS AGAINST THE RESPONDENTS-2 TO 6 DIRECTING THEM TO DEPOSIT THE AMOUNTS STATED IN PLAINT IN O.S. 470/2022 WITH THE OFFICIAL RECEIVER; PERMIT THE PETITIONER TO AMEND THIS PETITION DURING THE PROCEEDINGS BEFORE THIS HONORABLE COURT; ANY OTHER RELIEFS DEEMED FIT BY THIS HONORABLE COURT BE AWARDED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC-D:2769 WP No. 107308 of 2024 a) Kindly issue writ of certiorari, quashing the order passed by the Hon’ble 2nd Additional Senior Civil Judge and JMFC Dharwad dated 20/9/2024 on I.A No.4 dated 5/6/2024 U/S 151 of CPC as per Annexure-V; b) Kindly issue the directions against the respondents-2 to 6 directing them to deposit the amounts stated in plaint in O.S. 470/2022 with the official receiver; c) Kindly permit the petitioner to amend this petition during the proceedings before this honorable court; d) Any other reliefs deemed fit by this honorable court be awarded. 2. A memo dated 12.02.2025 has been filed signed by the petitioner and the counsel for the petitioner, which reads as under : “ That the petitioner has challenged the orders passed on I.A.No.4 which was filed under Section 151 of CPC for certain direction and same has been dismissed by the trial Court vide order dated 02.08.2024. In view of the observations of the trial Court the petitioner kindly be permitted to withdraw the above writ petition with liberty to file appropriate application in O.S.No.470/2022 pending on the file of II Addl. Senior Civil Judge and MFC, Dharwad and in the event of application is filed, the trial Court may kindly be consider and pass appropriate orders in merits in accordance with law by allowing the memo.” 3. Accepting the said memo, petition is dismissed as withdrawn reserving liberty to the petitioner to file appropriate application in the pending suit. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK