IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.34941/2016 (GM-CPC) Between:
1. M/s. Indian Oil Corporation Limited, No.3079/3, J.B. Tito Marg, Sadiq Nagar, New Delhi – 110 049, Represented by Managing Director/ Authorised Representative.
2. Station Manager, AFS-IOC Ltd., HAL Airport, Bangalore – 560 017.
Both Petitioners represented by its GPA Holder/ Authorised Representative Sri K.P.K. Navanirajan, Chief Manager, Southern Region, I.O.C.L. … Petitioners (By Sri Vighneshwar S. Shastri, Advocate) And:
1. M/s. Joy Aluukkas India Pvt. Ltd., No.40/2096, A & B Peevees Triton, Marine Drive, Cochin – 682 037 Represented by their Power of Attorney the Manager, New India Assurance Co. Ltd.
2. The New India Assurance Co. Ltd., Having its registered office No.87, Mahatma Gandhi Road, Fort, Mumbai – 400 001.
And also The New India Assurance Co. Ltd., Regional Office, No.2-B, Unity Building Annex, Dr. P. Kalinga Rao Road, Bangalore – 560 027, Rep. by its Manager. … Respondents (By Sri B.C. Seetharama Rao, Advocate for R2; R1 – Served) This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order dated 23.04.2016 passed on I.A. No.III in O.S. No.6313/2010 on the file of VIII Additional City Civil and Sessions Judge at Bengaluru as per Annexure-E and etc.
This Writ Petition coming on for orders this day, the Court made the following:
ORDER Learned counsel for respondent No.2 has filed a memo and submits that the petition arises out of an interim order dated 23.04.2016 made on I.A.No.3 in O.S.No.6313/2010. It is submitted that the said suit has been decreed on 14.10.2019.
In light of the same, the relief sought for in the present petition does not survive for consideration and the petition is dismissed as having become infructuous. Contentions of the parties are, however, kept open.
Sd/- JUDGE VP