IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.41668/2017 (GM – CPC) BETWEEN THE MALENADU ARECCA MARKETING CO-OPERATIVE SOCIETY LIMITED A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1960 P.B NO.13, HAVING ITS OFFICE AT:APMC YARD, SAGAR ROAD, SHIMOGAA-577204 REP BY ITS MANAGING DIRECTOR (BY SRI. VARADARAJ R HAVALDAR, ADV.,) AND 1. M/S SRIRAMA TRADERS A PARTNERSHIP FIRM CARRYING ON THE BUSINESS OF BETELNUT MERCHANTS NO.5, APMC YARD SAGAR, SHIMOGA DISTRIT – 577 204 REP BY ITS MANAGING DIRECTOR 2. SRI ASHWINI KUMAR S/O S R THIMMAPPA AGED ABOUT 34 YEARS R/O “ADVAITHA” VINOBHA NAGAR, SAGAR SHIMOGA DISTRICT – 577 204 (BY SRI. S V PRAKASH, ADV., FOR R1 & R2) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE FIRST ADDITIONAL DISTRICT AND SESSIONS - 2 -
JUDGE, SHIMOGA, INCLUDING THE IMPUGNED ORDER DTD:30.3.2017 IN INSOLVENCY CASE NO.2/2004 AT ANNEXURE - F IN THE EXERCISE OF SUPERVISORY JURISDICTION FOR CONSIDERING THE FACTUAL CORRECTNESS AND LEGALITY OF THE ORDER AND QUASH THE AFORESAID IMPUGNED ORDER DTD:30.3.2017 PASSED BY THE FIRST ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIMOGGA IN INSOLVENCY CASE NO.2/2004 AT ANNEXURE- F BY ALLOWING THIS W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 30.03.2017 in Insolvency Case No.02/2004 on the file of the I Additional District and Sessions Judge at Shivamogga ['Trial Court' for short].
2. It is discerned that the said Insolvency Case No.02/2004 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE NC.