IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.43259/2017 (GM-RES) BETWEEN:
M/s. Favorich Agro Private Limited (formerly known as M/s. Prem Sugars and Chemicals corporation ltd.,) A Company having its registered office at No.105, first floor, Embassy Square, No.148, Infantry Road, Bangalore-560 001. Represented herein by its Managing Director Sri C. Jayadev Naidu.
…Petitioner (By Sri Vikram Unni Rajagopal, Adv. for M/s. JUST LAW, Advs.) AND:
1. Government of India Ministry of Consumer Affairs Food and PD Department of Food and PD Directorate of Sugar, Krishi Bhawan New Delhi-110 001.
Represented herein by its Chief Director (Sugar) 2. government of Karnataka Department of Commerce and Industries Vidhana Soudha, Bangalore-560 001.
Represented by its Principal Secretary.
3. Indian Overseas Bank A Banking Company Constituted under the Banking Companies (Acquisitions and Transfer of Undertaking) Act, 1970 having its Branch at No.7, Sri Sailam, 1st Floor, 1st Main Gandhinagar, Bangalore-560 009.
Represented herein by its General Manager.
…Respondents (By Sri Gopal Bilalmane, Adv., for R-1; Sri K.P.Yoganna, HCGP for R-2;
Sri Y.V.Parthasarathy, Adv. for R-3 ) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the communication dated 14.9.2017 issued by the R-1 as being illegal (Annexure-P) and declare that the Bank Guarantee dated 8.12.2012 expired by efflux of the (Annexure-C) and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER I.A.No.1/2017 is filed by the petitioner seeking leave to withdraw the petition, but however, reserving liberty to file a fresh petition on the same cause of action for reasons stated therein.
2. Though the reason, as stated in the application, is the assertion of the petitioner and the learned Counsel for the respondents have not indicated as to whether the same is the correct position, to enable the petitioner to have the matter settled with the respondent, leave sought for is granted.
The petition is disposed of as withdrawn with liberty to approach this Court on the same cause of action, if the need arises in future.
Sd/- JUDGE nv