IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR WRIT PETITION NO.18357/2010 (GM - RES) BETWEEN:
M/S SAKETH INDIA LIMITED HAVING ITS REGISTERED OFFICE AT NO.11/12, PLOT NO.2, PHASE 2, SECTOR 2, NERUL, NEW MUMBAI – 400 706. HEAD OFFICE NO.113, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE. REPRESENTED BY ITS MANAGING DIRECTOR SRI R L SHARMA ... PETITIONER (BY M/S. SAKETH INDIA LTD., PARTY – IN - PERSON) AND:
1. APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONTRUCTION (AAIFR), 10TH FLOOR, JEEVAN PRAKASH, NO.25,KASTURBHA GANDHI MARG, NEW DELHI – 110 001.
2. BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION (BIFR), JAWAHAR VYAPAR BHAWAN, NO.1, TOLSTOY MARG NEW DELHI – 110 001. BY ITS SECRETARY.
3. BANK OF BARODA, C-26, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI – 400 051.
4. STANDARD CHARTERED BANK CHAIRMAN & MD, 90, M.G ROAD, 2ND FLOOR, FORT, MUMBAI – 400 001.
5. INDIAN BANK CHAIRMAN & MD, 31, RAJAJI SALAI, CHENNAI – 600 001.
6. COMMISSIONER OF CUSTOMS, CUSTOMS DIVISION, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, 29/2, BASAVESHWARA BUILDING, CRESCENT ROAD, BANGALORE.
7. IDBI CHAIRMAN & MD, IDBI TOWER, CUFFE PARADE MUMBAI.
8. INTERNATIONAL ASSETS RECONSTRUCTION COMPANY PRIVATE LIMITED, REGISTERD OFFICE AT 709, 7TH FLOOR, ANSAL BHAVAN, 16, KASTURBA GANDHI MARG, NEW DELHI – 110 001.
CORPORATE OFFICE AT NO.A-508, 5TH FLOOR, 215 ATRIUM, KANAKIA SPACES, ANDHERI KURLA ROAD, ANDERI (EAST), MUMBAI – 400 093.
ACTING IN ITS CAPACITY AS TRUSTEE OF IARF – 1 TRUST SCHEME 1.
... RESPONDENTS (BY SRI.B.S.PRAMOD, CGC FOR R1 AND R2;
SRI.Y.V.PARTHASARATHY, ADVOCATE FOR R3; R4 SERVED;
SRI.A.KESHAVA BHAT, ADVOCATE FOR R5; SRI.N.V.PRABHAKARAIAH, CGC FOR R6; SRI. R.V.NAIK, ADVOCATE FOR R7;
SRI.DHIRENDRA N KATTI, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 19.05.2010, PASSED BY THE AAIFR IN APPEAL NO.138/08, PRODUCED HERETO AS ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Keshava Bhat, learned advocate for respondent No.5 has filed a memo of even date under Order V Rule 9(5) CPC to hold service of notice on petitioner as sufficient as neither cover nor acknowledgment has been received.
2. It is submitted by learned advocates for respondents 1, 2, 3 and 8 that petitioner has remained absent continuously.
3. In the circumstances, service of notice to petitioner is held sufficient. Writ Petition is accordingly dismissed for non-prosecution.
Sd/- JUDGE PKS