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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2021

PRESENT

THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

AND

THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION No.4038 OF 2021 (GM-DRT)

BETWEEN:

1.

M/S.NADOOR GOAD FARM

REP. BY ITS PROPREITOR

MR.JAYAKAR C.KARIANNA

AGED ABOUT 40 YEARS

(DECEASED, REP. THROUGH

LEGAL HEIRS PETITIONER NOS.2 TO 4)

AT NADOOR VILLAGE & POST

UDUPI DISTRICT

2.

MR.SYDNEY J.KARIANNA

S/O.LATE JAYAKAR C.KARIANNA

AGED ABOUT 40 YEARS

OCC:BUSINESS

R/AT: NO.3-B/1201

GREEN ACRES

LOKHANDWALA COMPLEX

ANDHERI WEST

MUMBAI 3 400 043

3.

MR.STEPHEN J.KARIYANNA

S/O.LATE JAYAKAR C.KARIANNA

AGED ABOUT 45 YEARS

OCC:BUSINESS

R/AT: NO.A/701

2

VASANTHA PRAKASH

7 BUNGALOW, ANDHERI WEST

MUMBAI 3 400 058

4.

MRS.SAROJINI KARIANNA

W/O.LATE JAYAKAR C.KARIANNA

AGED ABOUT 60 YEARS

OCC:BUSINESS

R/AT: NADOOR GOAT FARM

NADOOR VILLAGE & POST

UDUPI DISTRICT

... PETITIONERS

(BY SRI DHYAN CHINNAPPA, AAG FOR

SRI A.MAHESH CHOWDARY, ADVOCATE)

AND:

M/S SYNDICATE BANK

NOW KNOWN AS M/S CANARA BANK

SASTHAN BRANCH

UDUPI DISTRICT

REP. BY ITS CHIEF MANAGER

MRS.DAISY, OCC: SERVICE

R/O.SASTHAN BRANCH

UDUPI DISTRICT

&. RESPONDENT

*****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND

SET ASIDE THE IMPUGNED ORDER DATED 01/02/2021 VIDE

ANNEXURE-A ON THE FILE OF THE HON9BLE DEBT RECOVER

TRIBUNAL

AT

CHENNAI

IN

AIR

NO.4/2020

DIRECTING

PETITIONER TO COMPLY WITH PRE-DEPOSIT OF RS.5 CRORES

WITH REGISTRAR DRAT AND ETC.,

THIS PETITION COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR J., MADE THE FOLLOWING:

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O R D E R

Learned counsel for petitioners files a memo stating

thereunder that prayer sought for in writ petition has

become infructuous, since appeal filed by petitioners

before Debt Recovery Appellate Tribunal has been

withdrawn.

Placing said memo on record, writ petition is

dismissed as having become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

LB