M/S Gati Ltd. v. the Chief Executive Officer
Case brief
What is this about?
HIGH COURT OF KARNATAKA, BENGALURU DATED…
HIGH COURT OF KARNATAKA, BENGALURU DATED…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.13375 OF 2011(GM-RES) C/W WRIT PETITION NO.28127 OF 2013(GM-KIADB)
IN W.P.NO.13375/2011:
BETWEEN:
M/S GATI LTD., PLOT NO.5C, PEENYA 1ST PHASE, YESHWANTHPUR HOBLI, BANGALORE – 560 058.
REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI.M.ROBERT MELBON S/O SRI.PHILOMATH MACDONALD, EXECUTIVE-LEGAL.
...PETITIONER
(BY SRI.V.B.SHIVA, ADVOCATE) AND:
THE CHIEF EXECUTIVE OFFICER, KIADB, NO.14/3, 1ST FLOOR, RASTROTHANA PARISHAT BUILDING, NRUPATHONGA ROAD, BANGALORE – 560 001.
… RESPONDENT
(BY SRI. BASAVARAJ V SABARAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ISSUE NO OBJECTION CERTIFICATE/CONSENT LETTER FOR AVAILING OF FINANCE/WORKING CAPITAL FROM BANK/FINANCIAL INSTITUTION AS PER LEASE CUM SALE AGREEMENT DATED 24.08.2006, IN PURSUANCE TO LETTER DATED 08.12.2010 ISSUED BY THE PETITIONER AT ANNEX-S.
2
IN W.P.NO.28127/2013:
BETWEEN:
M/S GATI LTD., NO.5/C, PEENYA 1ST PHASE, YESHWANTHPUR HOBLI, BANGALORE – 560 058. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND LEGAL HEAD SHRI. G RAVINDRA KUMAR, S/O G HANUMANTHARAO, AGED ABOUT 45 YEARS. …PETITIONER
(BY SRI.V.B.SHIVA, ADVOCATE)
AND:
CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, RASHTROTHANA BUILDING, NRUPATHUNGA ROAD, BANGALORE – 560 002.
…RESPONDENT
(BY SRI. BASAVARAJ V SABARAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND OF 10% PENALTY AT THE CURRENT RATE OF RS.80 LAKHS PER ACRE AMOUNTING TO RS.30,61,262/- AS DEMAND BY THE RESPONDENT VIDE ANNEX-A LETTER DATED 11.6.13.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Both the writ petitions are disposed off as having
been withdrawn in terms of Memos respectively filed in
both the matters.
Sd/JUDGE
Bsv
M/s Gati Ltd.
The Chief Executive Officer, KIADB
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court