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2023 Supreme(Online)(KAR) 21355
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NC: 2023:KHC:27634
WP No. 15096 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 15096 OF 2023 (GM-RES)
BETWEEN:
YASHWANTH K RAJU,
S/O DORASWAMY K RAJU,
AGED ABOUT 30 YEARS,
R/O NO. 44/8, 15TH CROSS,
MALLESHWARAM, BANGALORE-560 003.
…PETITIONER
(BY SRI. AKASH V T.,ADVOCATE)
AND:
1. M/S GENNEX PVT LTD AND ORS.,
AKASH GANGA, PLOT NO.144,
4TH FLOOR, SRINAGAR COLONY,
HYDERBAD-500 073.
REPRESENTED BY ITS MANAGING DIRECTOR,
REGISTERED UNDER COMPANY ACT.
2. MR. MAHIP JAIN,
S/O PUKHRAJ JAIN,
AGED ABOUT 53 YEARS,
NO.1-8-218A, 2ND FLOOR, 3RD CROSS,
PG ROAD, SECUNDERABAD,
TELANGANA 500 003.
3. MR. JIVESH JAIN,
S/O MAHIP JAIN,
AGED ABOUT 23 YEARS,
NO.2-3-450 TO 451, SRI SAI RESIDENCY,
B BLOCK, FLAT NO 504, RAM GOPAL PETH,
NALLAGUTTA, SECUNDERABAD,
TELANGANA 500 003.
Digitally signed
by SHARADA
VANI B
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2023:KHC:27634
WP No. 15096 of 2023
4. MR. AKSHAY KUMAR CHANDALIYA,
S/O DHARMENDRA KUMAR CHANDALINA,
AGED ABOUT 31 YEARS,
NEAR WATER TANK, CHANDRADIYA BUS COLONY,
PEESANGARI, RAJASTHAN 305 204.
5. STATE BANK OF INDIA
STRESSED ASSETS MANAGEMENT BRANCH
2ND FLOOR, OFFICE COMPLEX BUILDING,
LHO COMPOUND, NO 65, ST MARKS ROAD
BENGALURU 560 001.
6. M/S SM PHARMACEUTICAL PVT LTD
REGD OFFICE NO 44/8, GROUND FLOOR,
15TH CROSS, MALLESWARAM,
BANGALORE 560 003.
REPRESENTED BY MANAGING DIRECTOR,
REGISTERED UNDER COMPANY ACT.
7. K R DORASWAMY RAJU
S/O K NARASU RAJU,
AGED ABOUT 64 YEARS,
R/O NO 44/8, 15TH CROSS,
MALLESWARAM, BANGALORE 560 003.
8. GEETHA D RAJU
W/O DORASWAMY K RAJU,
AGED ABOUT 30 YEARS,
R/O NO.44/8, 15TH CROSS,
MALLESHWARAM, BANGALORE-560 003.
…RESPONDENTS
(BY SRI.G KRISHAN MURTHY., SENIOR COUNSEL A/W
SRI.ASHOK KUMAR., ADVOCATE FOR C/R5 IN
CP NO.7760/2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE
A
WRIT,
PROHIBITING
RESPONDENT
FROM
RECOVERING THE MONEYS UNDER THE SANCTION LETTER
DATED
27.9.22
AS
PER
ANNEXURE-J
BEARING
NO.BR/AUV/SME/01/004 AND QUASH THE DEMAND NOTICE,
DATED
2.3.23,
AS
PER
ANNEXURE-A
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NC: 2023:KHC:27634
WP No. 15096 of 2023
REF.NO.SBI/40007/SARF/SMPPL ISSUED TO THE PETITIONER
AS BEING NULL AND VOID.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
Learned counsel for the Petitioner has field a Memo
dated 07.08.2023 seeking leave of the Court to withdraw
the Writ Petition which reads as under:
“This Hon’ble Court maybe pleased to permit
the Petitioner to withdraw the present petition,
as the Petitioner does not intend to pursue the
above matter. Hence this memo seeking
withdrawal of above petition in the interest of
justice and equity.”
In terms of the Memo, withdrawal of the Writ Petition
needs to be granted in the light of SHEELA BARSE Vs.
UNION OF INDIA, (1988) 4 SCC 226, and there is no
objection from the other side too.
Ordered accordingly and Writ petition is disposed off
as having been withdrawn.
Sd/-
JUDGE
Bsv
List No.: 1 Sl No.: 45
