IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8433 OF 2015 BETWEEN:
1. M/S CRANES SOFTWARE INTERNATIONAL LIMITED HAVING ITS REGISTERED OFFICE AT: #2, TAVAREKERE, BANNERGHATTA ROAD, 1ST PHASE, 1ST STAGE, BTM LAYOUT, BANGALORE REPRESENTED BY ITS DIRECTOR MR.MUEED KHADER 2. MR.ASIF KHADER S/O SHRI SYED ABDUL KHADER AGED ABOUT 49 YEARS, R/AT CG-01, H.M.GLADIOUS APARTMENTS, NO.34, AGA ABBAS ALI ROAD, ULSOOR, BANGALORE-560 052.
3. MR.MUKKARAM JAN S/O SHRI AZAM JAN, AGED ABOUT 49 YEARS, R/AT NO.G-1, CAVALCADE APARTMENTS, BENSON CROSS ROAD, BENSON, TOWN, BANGALORE-560 001.
4. MR.MUEED KHADER S/O SHRI SYED ABDUL KHADER AGED ABOUT 44 YEARS, R/AT REGENCY MANOR FLAT A NO.34, DAVIS ROAD, COOKES TOWN, BANGALORE-560 005.
(BY SRI: MOHAMMED NEHZAN, ADVOCATE) AND ... PETITIONERS 1. ALLAHABAD BANK HAVING ITS HEAD OFFICE AT:
NO.2, NETAJI SUBHAS ROAD, KOLKATA-700 001 AND ALSO HAVING A BRANCH OFFICE AT: INDUSTRIAL FINANCE BRANCH N-603, MANIPAL CENTRE,#47, DICKENSON ROAD, BANGALORE-560 042 REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, SRI S.L.N. PRASAD 2. INTERNATIONAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT 709, 7TH FLOOR, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG, NEW DELHI-110001 AND ALSO HAVING ITS BRANCH OFFICE AT: NO.2B, K.G.RETREAT, OLD NO.119, NEW NO.26, G.N.CHETTY ROAD, T.NAGAR, CHENNAI-600017 REPRESENTED BY ITS VICE PRESIDENT/BUSINESS HEAD.
(R1 SERVED AND UNREPRESENED SRI: R.ASHOK KUMAR, ADVOCATE FOR R2) ... RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.09.2015 PASSED IN C.C.NO.29462/2010 BY THE LEARNED V ADDL. SMALL CAUSED JUDGE AND XXIV ACMM, COURT OF SMALL CAUSED, MAYO HALL UNIT, BENGALURU.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for petitioners files a memo dated 13.08.2019. Memo reads as under:-
MEMO I, Mr.Mohammed Nehzan, Advocate bearing Registration No: KAR/1035/2018, most humbly submit that the petitioners seek to withdraw the instant matter as settled. It is humbly submitted that the instant appeal arose from the order dated 19.09.2015 in CC.No.29462/2010. The entire outstanding debt amount owed by the Petitioners to the Respondent had been paid by way of one-time settlement agreement and No Dues Certificate dated 26.10.2017 issued by International Asset Reconstruction Company Pvt. Ltd. on behalf of the Respondent is attached herewith. In view of the same, above matter is settled between the parties.
Wherefore, in view of the settlement arrived at between the parties, it is prayed that the above matter be dismissed as settled, in the interest of justice and equity.
Memo is taken on record. In view of the said memo, petition is dismissed as settled out of court.
In view of dismissal of petition, I.A.No.1/2016 does not survive for consideration and it is also dismissed.
Bss Sd/- JUDGE