- 1 - HC-KAR NC: 2025:KHC:27878 WP No. 20436 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20436 OF 2015 (GM-RES) BETWEEN: 1. MR. C. NANDEESH S/O CHIKKANNA AGED ABOUT 56 YEARS, 2. SMT GAYATHRI H.S W/O MR. C. NANDEESH AGED ABOUT 54 YEARS, BOTH R/AT NO. 165, "NANDIDHAMA" NO.208, SFS, YELAHANKA NEW TOWN, BANGALROE-560 064. …PETITIONERS (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. CHAIRMAN & MANAGING DIRECTOR GE COUNTRYWIDE CONSUMER FINANCIAL SERVICES LIMITED REGD. OFF: NO.401, 402, 4TH FLOOR, AGARWAL MILLENNIUM TOWERS, E-1, 2-3, NETAJI SUBHASH PLACE, WAZIPUR DELHI-110 034. 2. THE MANAGER GE COUNTRYWIDE CONSUMER FINANCIAL SERVICES LIMITED, EMBASSY SQUARE, UNIT NO.201-207, 2ND FLOOR, 148, INFANTRY ROAD, (OPP.POLICE COMMISSIONER OFFICE) BANGALORE-560 001. 3. CHAIRMAN & MANAGING DIRECTOR GE CONTRYWIDE CONSUMER FINANCIAL Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27878 WP No. 20436 of 2015 SERVICES LPRIVATE LIMITED REGD.OFF:NO.401, 402, 4TH FLOOR, AGARWAL MILLENNIUM TOWERS, E-1, 2-3, NETAJI SUBHASH PLACE, WAZIPUR DELHI-110 034. 4. CHAIRMAN & MANAGING DIRECTOR MAGMA FINCORP LIMITED MAGMA HOUSE, 24 PARK STREET, KOLKATA-700 016. WEST BENGAL 5. THE MANAGER MAGMA FINCORP LIMITED 2ND AND 3RD FLOOR, HM J.C. ROAD, NEAR MINERVA CIRCLE BANGALORE-560 002. 6. RESERVE BANK OF INDIA 10/3/8, NRUPATHUNGA ROAD, BANGALORE-560001. 7. MINISTRY OF CORPORATE AFFAIRS 'E' WING, 2ND FLOOR, KENDRIYA SADANA, KORAMANGALA, BANGALORE-560034. 8. THE UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, 5TH FLOOR, DR.RAJENDRA PRASAD ROAD, SHASTRI BHAWAN, NEW DELHI-110001. 9. THE CHIEF GENERAL MANAGER RESERVE BANK OF INDIA DEPARTMENT OF NON-BANKING SUPERVISION, CENTRAL OFFICE, WORLD TRADE CENTRE-1, 2ND FLOOR, CUFFE PARADE, COLABA, MUMBAI-400005. 10. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HOME, - 3 - HC-KAR NC: 2025:KHC:27878 WP No. 20436 of 2015 ROOM NO.219, II FLOOR, VIDHANA SOUDHA, BANGALORE-560001. 11. THE CHAIRMAN & MANAGING DIRECTOR GE MONEY FINANCIAL SERVICES LIMITED, REGD. OFF: NO.401, 402, 4TH FLOOR, AGARWAL MILLENNIUM TOWERS, E-1, 2-3, NETAJI SUBHASH PLACE, WAZIRPUR, DELHI-110034. 12. THE MANAGER HONGKONG & SHANGHAI BANKING CORPORATION, 7, M G ROAD, HSBC CENTRE, BANGALORE-560001. …RESPONDENTS (BY SRI. S N CHANDRASHEKHAR., ADVOCATE FOR R5; R1, R2, R3, R4-SERVED; SRI. H. MALLANAGOUD., ADVOCATE FOR R7 & R8; SRI. NITHIN PRASAD., ADVOCATE FOR R6 R9; SRI. MAHANTESH SHETTAR., AGA FOR R10; V/O/D 7.6.2016 NOTICE TO R8 TO R12 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND DECLARE THE PROFESSED AGREEMENT DT.28.7.2006 AS NULL AND VOID SIGNED BY THE PETITIONERS WITH R-1 VIDE ANNX-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a. Issue an order or direction in the nature of a writ of certiorari, declaring the professed agreement dated 28.07.2006 as null and void signed by the petitioners with respondents No. 1 vide Annexure-A; - 4 - HC-KAR NC: 2025:KHC:27878 WP No. 20436 of 2015 b. Issue an order or direction in the nature of a writ of certiorari, declaring the sale agreement dated 13.02.2013 as per Annexure-T signed by the Respondent No. 3 and 4 in respect of petitioner’s loan account as void and not binding on the petitioners who are non-parties thereto; c. Issue an order or direction in the nature of certiorari, declaring the order dated 18.04.2015 as per Annexure-V passed by sole arbitrator in AP 4090/2014 as illegal and unsustainable in law; d. Issue an order or direction in the nature of mandamus, directing the respondents to handover all the original documents obtained from the petitioners along with NOC. e. Issue a writ in the nature of mandamus directing the respondent 8,9 & 10 to conduct proper investigation on the benami loan scam and secure the money stashed in Mauritius by the respondents and the accounting of proceeds received by 3rd respondent and paid by 4th Respondent of Rs. 725 crores as claimed through the assignment in the company report 2013-14. (Amended as per Court order 25.07.2016) f. Pass such other orders as this Hon’ble Court may deem fit in the circumstances of the case, including the award of the costs of this petition, in the interest of justice and equity. 2. A memo dated 22.07.2025 signed by the counsel for the petitioner, which reads as under; Memo for withdrawal The petitioners craved for the kind indulgence and this Hon’ble Court may be pleased to permit the petitioner to withdraw the writ petitions with liberty to revive the original Suit No.6308/2014 as the reliefs sought in the above writ petition are in the nature of declaration relief would agitate in the above writ as the same was disposed off on 13.2.2017. in view of the pendency of the above writ petition, in accordance with law in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC:27878 WP No. 20436 of 2015 3. Learned counsel for the petitioner on instructions of the petitioner submits that the petitioner will be granted liberty to file a fresh suit as per the liberty reserved while withdrawing the suit in OS No.6308 of 2014. 4. Hence, reserving liberty to file such a suit, the petitioner stands disposed of. The petitioner would be entitled to the benefits of Section 14 of the Limitation Act for the time spent in prosecuting the above petition. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 13