IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30397 OF 2019(GM-RES) BETWEEN:
M/S. YOJAKA (INDIA) PRIVATE LTD., DOOR NO.3/28/43, II FLOOR, ABCO TRADE CENTRE, NH66, KOTTARA CHOWKI, MANGALURU - 575 006.
REPRESENTED BY ITS MANAGING DIRECTOR, JAGADISH BOLUR, S/O LATE GOPALAKRISHNA SUVARNA, AGED ABOUT 57 YEARS, RESIDING AT “SIDDI’, FLAT NO.1006, 10TH FLOOR, ABHIMAN PALACE, OPP: CANARA HIGH SCHOOL, MANNAGUDDA, MANGALURU – 575 003.
… PETITIONER (BY SRI.YOGEENDRA ACHAR B, ADVOCATE) AND:
THE ASSISTANT GENERAL MANAGER, THE CORPORATION BANK, PANDESHWAR BRANCH, MANGALURU – 575 012.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO DEFER ALL FURTHER PROCEEDINGS BEFORE THE NCLT BANGALORE, PURSUANT TO THE NOTICE DATED 30.04.2019 VIDE ANNEXURE – E; TILL THE DECISION OF THE RESPONDENT BANK ON THE OTS PROPOSAL LETTER OF THE PETITIONER DATED 03.07.2019 FOR A SUM OF RS.101.00 CRORES VIDE ANNEXURE – J AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Yogeendra Achar B., learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition, the petitioner inter alia has assailed the validity of the notice dated 30.04.2019 issued by the National Company Law Tribunal, Bengaluru. The petitioner has been asked to appear on 10.05.2019.
3. When the matter was taken up today, learned counsel for the petitioner fairly submitted that in response to the aforesaid notice, the petitioner has already appeared before the National Company Law Tribunal on 10.05.2019.
4. Therefore, in view of the aforesaid submission, nothing survives for adjudication in this writ petition. However, it is needless to state that in case the petitioner files objection to the proceedings, the National Company Law Tribunal shall deal with the same in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-