- 1 - HC-KAR NC: 2025:KHC:31109 WP No. 23390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23390 OF 2025 (GM-DRT) BETWEEN: 1. M/S. NCDEX E MARKETS LIMITED (NEML) HAVING ITS OFFICES AT, ACKRUTI CORPORATE PARK, 1ST FLOOR, LBS MARG, KANJURMARG (W), MUMBAI - 400 078, MAHARASHTRA, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. MANJUNATH P.V. …PETITIONER (BY SRI. ABHINAG S.,ADVOCATE) AND: 1. CANARA BANK HAVING ITS HEAD OFFICE AT NO. 112, J.C. ROAD, BENGALURU 560 002 AND ITS BRANCH OFFICE AMONG OTHER PLACES AT KOPPAL DISTRICT, KARATAGI-583 229 KARNATAKA. 2. M/S. CNX CORPORATION LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICES AT 12-A, HAJI KASAM BUILDING, 3RD FLOOR, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31109 WP No. 23390 of 2025 66, TAMARIND LANE FORT, MUMBAI-400 001. AND ITS REGISTERED OFFICE AT 144, 14TH FLOOR, ATLANTA BUILDING, PLOT NO.209, JAMNALAL BAJAJ MARG, NARIMAN POINT, MUMBAI-400 021 REPRESENTED BY ITS DIRECTOR, MS. NIRUPAMA DATTATRAYA PENDURKAR 3. SRI. BASAVARAJ H SON OF SRI HINDUPUR SHIVAPPA, AGED ABOUT 41 YEARS, RESIDING AT, KARATAGI, KOPPAL DISTRICT KARNATAKA-583229. …RESPONDENTS (BY SRI. T.P.MUTHANNA, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED JULY 10, 2025, PASSED BY THE HONORABLE DRT-I KARNATAKA AT BENGALURU IN INTERLOCUTORY APPLICATION NO.1483 OF 2025 IN ORIGINAL APPLICATION NO.496 OF 2019 (AT ANNEXURE-A) CONSEQUENTLY AND TO ALLOW THE INTERLOCUTORY APPLICATION NO.1483/2019 IN ORIGINAL APPLICATION NO.496/2019 PREFERRED BY THE PETITIONER UNDER SECTION 22(H) READ WITH RULE 9 OF THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 (AT ANNEXURE-H) AND THEREBY DIRECT THE HONORABLE DRT-I KARNATAKA AT BENGALURU TO PERMIT CROSS- EXAMINATION OF THE R1S WITNESS (AW1) BY THE PETITIONER IN ORIGINAL APPLICATION NO.496/2019. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31109 WP No. 23390 of 2025 ORAL ORDER The learned counsel for the petitioner files a memo seeking withdrawal of the petition, which reads as under: "The Petitioner most respectfully submits as follows: 1. The Petitioner had preferred the matter before this Hon'ble Court challenging the Order dated 10.07.2025 passed by the Debts Recovery Tribunal - I, Bengaluru in Interlocutory Application No. 1483 of 2025, filed by the Petitioner under Section 22(h) of the Recovery of Debts and Bankruptcy Act, 1993, read with Rule 12(9) of the Hon'ble DRT (Procedure) Rules, 1993, in Original Application No. 496 of 2019, and seeking, inter alia, quashing of the said order and consequential reliefs. 2. The Writ Petition was filed on 31.07.2025 and was mentioned on Thursday, i.e., 31.07.2025, whereby, this Hon'ble Court was pleased to grant circulation on 04.08.2025. - 4 - HC-KAR NC: 2025:KHC:31109 WP No. 23390 of 2025 3. It was informed to the Ld. Debts Recovery Tribunal - I, Bengaluru that the captioned Writ Petition along with 3 other Writ Petitions had been filed before this Hon'ble Court and that the Petitioner had sought urgent listing thereof. The Petitioner had further requested the Ld. Debts Recovery Tribunal to defer the hearings in thirty-nine Original Applications, including the abovementioned Original Application No. 496 of 2019, pending the outcome of the proceedings before this Hon'ble Court. 4. The Ld. Debts Recovery Tribunal - I, Bengaluru has since pronounced final orders and has disposed of all thirty-nine Original Applications, including the abovementioned Original Application No. 496 of 2019. The said Original Application was allowed in favour of the Plaintiff therein, i.e., Respondent No. 1 herein, and, inter alia, against Defendant No. 2 (being the present Petitioner herein), thereby rendering the relief sought in the present Writ Petition infructuous. - 5 - HC-KAR NC: 2025:KHC:31109 WP No. 23390 of 2025 5. In view of the aforesaid developments, the present Writ Petition has been rendered infructuous. 6. The Petitioner, therefore, respectfully prays that this Hon'ble Court may be pleased to allow the present Writ Petition No. 23390 of 2025 to be withdrawn, with liberty to the Petitioner to seek appropriate reliefs under law before the appropriate forum(s)." In view of the memo filed, the petition stands dismissed as withdrawn subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE RB