IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1387 OF 2019 (GM-RES) BETWEEN:
RANBAXY PROJECTS TOLLWAYS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT: 6, “SHREYAS” BUIDLING, GANESHWADI, OPP. RADHAKRISHNA MANGALAKARYALAYA, JALGAON, MAHARASHTRA, 425001.
REP BY ITS DIRECTOR ... PETITIONER (BY SRI NISHANTH A.V., ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT, 3RD FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001.
REP BY PRINCIPAL SECRETARY 2. KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT: FIRST FLOOR, 16/J, MILLER TANK BED AREA, BENGALURU 560052.
REP BY ITS MANAGING DIRECTOR 3. SYNDICATE BANK, 5, PALAN PETH, MAKARA CHEMBER, JALAGAON 425001, MAHARASTRA, REP BY ITS MANAGER (BY SRI Y.D. HARSHA, AGA FOR R1, ... RESPONDENTS SRI M. KESHAVA REDDY, ADVOCATE FOR R2, SRI M. MOHAN RAO, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DTD:02.01.2019 ISSUED BY THE R-2 VIDE ANNEXURE-AB.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for respondent No.2 has filed a memo which reads as under:
“It is submitted that the petitioner has given an undertaking to withdraw this writ petition if the Authority extends time for submission of performance security and to achieve the Financial Closure, the copy of the same is herewith produced.
It is submitted that the Authority has extended the time up to 31st March 2019 for submission of performance security and to achieve financial closure, the copy of the same is herewith produced.
Under the above facts and circumstances this writ petition does not survive for consideration.
WHEREFORE it is prayed that this Hon’ble Court may be pleased to dismiss this writ petition in the interest of justice and equity.”
2. Memo is taken on record. For the reasons stated in the memo, writ petition is dismissed.
Sd/- JUDGE RD