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2026 DAILYLAW 31132 (KAR)

FORTUNA INTEGRAL PROJECTS PRIVATE LIMITED v. SHIVADUTT BANNANJE RESOLUTION PROFESSIONAL

WP/37006/2025 · 2026-07-24

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010796032025 NC: 2026:KHC:38412 WP No. 37006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37006 OF 2025 (GM-RES) BETWEEN: FORTUNA INTEGRAL PROJECTS PRIVATE LIMITED REAL ESTATE AND CONSTRUCTIONS INCORPORATED UNDER THE COMPANIES ACT, 1956/2013, NO.7, OLD NO. 390, 13TH CROSS, SADASHIVANAGAR, BENGALURU, KARNATAKA - 560 080 REPRESENTED BY ITS DIRECTOR MS. RIMA. D …PETITIONER (BY SRI. M.S.HAREESH., ADVOCATE) AND: 1. SHIVADUTT BANNANJE, RESOLUTION PROFESSIONAL, REAL ESTATE AND CONSTRUCTIONS INCORPORATE UNDER THE COMPANIES ACT, 1956 / 2013 FORTUNA BUILDCON (INDIA) PRIVATE LIMITED, HAVING REGISTRATION NUMBER: IBBI/IPA-002/IP-NOO266/2017-2018/10779. AND HAVING OFFICE AT: N-062, NORTH BLOCK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010796032025 NC: 2026:KHC:38412 WP No. 37006 of 2025 MANIPAL CENTER, 47, DICKENSON ROAD, BENGALURU - 560 042. REPRESENTED BY ITS MANAGING DIRECTOR SHIVADUTT BANNANJE 2. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LIMITED UNDER RBI GUIDELINES OPPOSITE GOVERNMENT COLLEGE, B H ROAD, TUMKUR, KARNATAKA REPRESENTED BY ITS MANAGING DIRECTOR. 3. NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH (FORMAL PARTY), RAHEJA TOWERS, VITTAL MALLYA RD, K.G.HALLI, D' SOUZA LAYOUT, ASHOK NAGAR, BENGALURU, KARNATAKA - 560 001 REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI. RAGHURAM CADAMBI., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH, TO FORTHWITH ADMIT, HEAR, AND DISPOSE OF I.A.NO.877/2025 WITHIN A FIXED AND TIME-BOUND PERIOD, NOT EXCEEDING TWO MONTHS, IN ORDER TO SECURE COMPLIANCE WITH THE PRINCIPLES OF NATURAL JUSTICE; (B) DIRECT THE NCLT TO REFRAIN FROM - 3 - HC-KAR CNR: KAHC010796032025 NC: 2026:KHC:38412 WP No. 37006 of 2025 PASSING ANY ORDERS IN I.A.NO.382/2021 ANNEXURE-W UNTIL I.A.NO.877/2025 ANNEXURE-A IS DULY HEARD AND DISPOSED OF, SO AS TO PREVENT MISCARRIAGE OF JUSTICE AND ENSURE ADJUDICATION ON MERITS WITH ALL NECESSARY PARTIES IMPLEADED, ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned counsel for the petitioner has filed a memo dated 17.07.2026 seeking leave of this Court to withdraw the writ petition. 2. Memo is taken on record, which reads as under: "The undersigned Counsel for the Petitioner respectfully submits as follows: 1. That in view of the order dated 26.05.2026 passed by the Hon'ble National Company Law Tribunal in IA 877/2025, wherein M/s.Tumkur Grain Merchant's Cooperative Bank Ltd. has been impleaded as Respondent No.4, the relief sought in the present petition stands duly addressed. 2. Accordingly, the petitioner does not wish to press the present petition before this Hon'ble Court. - 4 - HC-KAR CNR: KAHC010796032025 NC: 2026:KHC:38412 WP No. 37006 of 2025 3. It is therefore prayed that this Hon'ble Court may be pleased to dismiss the above petition as withdrawn, in the interest of justice and equity. 3. In view of the memo, writ petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 74