IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.5814/2017 & WRIT APPEAL NOs.5863-5864/2017(GM-DRT) BETWEEN :
1. SRI BAMDEV NAYAK S/O BAHADUR NAYAK AGED ABOUT 62 YEARS R/AT NO.225/16, “NEELADRI” 18TH CROSS, SADASHIVANAGAR BENGALURU – 560 080 2. M/S BINCO CONSTRUCTIONS PVT. LTD. HAVING OFFICE AT CASSINO TOWER NO.382/30, 3RD FLOOR 13TH CROSS, UPPER PALACE ORCHARD ROAD SADASHIVANAGAR BENGALURU – 560 080 REPRESENTED BY ITS MANAGING DIRECTOR SRI BAMDEV NAYAK 3. M/S BAMDEV NAYAK INFRASTRUCTURE LTD.
HAVING OFFICE AT CASSINO TOWER NO.382/30, 3RD FLOOR, 3RD CROSS UPPER PALACE ORCHARD ROAD SADASHIVANAGAR BENGALURU – 560 080 REPRESENTED BY ITS MANAGING DIRECTOR SRI BAMDEV NAYAK APPELLANT NOS.1 TO 3 ARE REPRESENTED BY HIS GPA HOLDER SRI N.RAMESH, S/O NAGENDRASA AGED ABOUT 52 YEARS ...APPELLANTS (BY SRI SRIKANTH.A & SRI OM PRAKASH, ADVOCATES) AND :
THE AUTHORISED OFFICER STATE BANK OF INDIA STRESSED ASSETS MANAGEMENT BRANCH, HAVING ITS OFFICE AT NO.65, 2ND FLOOR OFFICE COMPLEX BUILDING SBI LOCAL HEAD OFFICE COMPOUND, ST. MARKS ROAD BENGALURU – 560 001 ...RESPONDENT (BY SRI S.S.NAGANAND, SENIOR COUNSEL FOR SRI M.K.SHIVARAM, ADVOCATE FOR C/R) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11.09.2017 PASSED IN WRIT PETITION NOS.41284-41286/2017.
THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. Learned Counsel appearing for the appellants seeks leave to withdraw the appeals with liberty to the appellants to apply for modification of the interim order dated 11.09.2017 passed in Writ Petition Nos.41284-41286/2017 which is impugned in these appeals.
2. Leave and liberty sought for is granted. The writ appeals are accordingly disposed of as withdrawn. In view of disposal of the appeals, IA Nos.1 and 2 of 2017 do not survive for consideration; they stand disposed of accordingly.
Appeals disposed of.
Sd/-
ACTING CHIEF JUSTICE KSR Sd/- JUDGE