Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:27380 CRP No. 335 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 335 OF 2024 (IO) BETWEEN:
1.
ASREC (INDIA) LIMITED BUILDING NO.2, UNIT NO.201-202A AND 200-202B, GROUND FLOOR, SOLITAIRE CORPORATE PARK, ANDHERI GHATKOPA LINK ROAD, CHAKALA, ANDHERI (EAST), MUMBAI - 400 093 REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER N MANJUNATH. …PETITIONER (BY SRI. VIGNESH SHETTY, ADVOCATE) AND:
1.
DR. ASHOK NAYAK, S/O. LATE K.P. NAYAK, AGED ABOUT 68 YEARS, R/AT NO.3367, NAYAK HOSPITAL, 5TH CROSS,GAYATRINAGAR, BANGALORE, KARNATAKA – 560 029.
2.
MR. CHANDRAKANTH BHAKTA AGED ABOUT 74 YEARS, S/O LATE MANJUNATH N BHAKTA,
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:27380 CRP No. 335 of 2024
R/O SUSHEEL OPP. MIT, SARALE BETTU, MANIPAL - 576 104.
3.
M/S VEENU CONSTRUCTIONS, REP BY ITS PROPRIETOR, MR. VINOD M SHERLEKAR, AGED ABOUT 60 YEARS, S/O LATE MD SHERLEKAR, R/AT "SHILPA", BEJAI CHURCH ROAD, MANGALORE – 575 003.
4.
M/S SHRISHTI ENTERPRISES, 101, TITAN HOUSE, PLOT NO.82, MPP VAIDYA MARG, GHATKOPAR EAST, MUMBAI – 400 077 A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER, MR. DAVID SASOON ASHTAMAKAR, AGED ABOUT 61 YEARS.
5.
THE BHARATH CO-OPERATIVE BANK (MUMBAI) LTD., R/OFFICE AT MOHAN TERRACE, 1ST FLOOR, 64/72, MODI STREET, FORT MUMBAI - 400 001, AND HAVING AMONGST OTHERS AT CLASIUE ARCADE, KS RAO ROAD, MANGALORE – 575 001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.
…RESPONDENTS
THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, 1908, AGAINST THE ORDER DATED 11.07.2023 PASSED ON IA NO.VI IN OS NO.41/2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI., DISMISSING THE IA NO.II FILED UNDER ORDER XXXIX RULES 1 TO 3 READ WITH SECTION 151 OF CPC AND I.A.NO.VI FILED UNDER ORDER VII RULE 11 OF CPC READ WITH SECTION 34
- 3 -
HC-KAR NC: 2025:KHC:27380 CRP No. 335 of 2024
OF SARFAESI ACT., 2002., FOR REJECTION OF PLAINT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
This Court on 16.06.2025 had passed the following order:
"Finally, a week's time is granted to comply with the office objections.
In the event the office objections would not be complied, the petition would be dismissed for its non- prosecution."
Even today, the office objections are not complied with. Therefore, the Writ Petition is dismissed for non-prosecution.
SD/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 144