IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MR.JUSTICE ARAVIND KUMAR AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19677 OF 2018 (GM-DRT) BETWEEN:
SRI. K. SUNDER BABU S/O LATE KRISHNA REDDY AGED BOUT 57 YEARS NO.1, KRISHNA REDDY INDUSTRIAL AREA 7TH MILE HOSUR ROAD BANGALORE-560068 ... PETITIONER (BY SRI. SUNIL S. RAO, ADVOCATE) AND:
1. M/S PHOENIX ARC PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND REGISTERED AS A SECURITIZATION AND ASSET RECONSTRUCTION COMPANY UNDER THE PROVISION OF SECTION 3 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFAESI ACT) ACTING IN ITS CAPACITY AS TRUSTEE OF PHOENIX ARF SCHEME 9, HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, DANI CORPORATE PARK 158, C.S.T. ROAD, KALIAN, SANTACRUZ (EAST) MUMBAI-400098 2. K. SUNDAR BABU (HCF) THROUGH KARTA, MR.K.SUNDAR BABU NO.55, KRISHNA REDDY INDUSTRIAL AREA 7TH MILE, HOSUR ROAD BANGALORE-560068 3. SMT. S.R. SHOBHA NO.55, KRISHNA REDDY INDUSTRIAL AREA 7TH MILE, HOSUR ROAD BANGALORE-560068 4. ING VYSYA BANK LTD.
(NOW KOTAK MAHINDRA BANK) 7 BKC, C 27, G BLOCK BANDRA KURLA COMPLEX BANDRA (E), MUMBAI-400051 ... RESPONDENTS ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.1.2018 PASSED BY THE DRAT CHENNAI, IN AIR 21/2018 FOUND AT ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE OPERATION, EFFECT AND IMPLEMENTATION OF ORDER DATED 17.01.2018 PASSED BY THE DRAT, CHENNAI, IN AIR 21/2018 FOUND AT ANNEXURE-E THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ARAVIND KUMAR J., DELIVERED THE FOLLOWING:-
O R D E R Learned counsel for petitioner has filed a memo for withdrawal of petition on the ground that prayer sought for in writ petition has become infructuous.
2. Memo is placed on record. Writ Petition is dismissed as withdrawn as having become infructuous.
Sd/- JUDGE Sd/- JUDGE Prs*