Petitioners sought to withdraw the writ petition challenging summons issued by the respondent, citing pending proceedings before the Appellate Tribunal regarding a provisional attachment order.
Petition dismissed as withdrawn with liberty to urge contentions before the Appellate Tribunal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2021 BEFORE
THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NOs.48034-48035 OF 2017 (GM-RES)
BETWEEN :
BOTH ARE RESIDING AT:NO.772, “COTHA SIGNATURE APARTMENT” II FLOOR, 36TH CROSS, 20TH MAIN, 4TH “T” BLOCK, JAYANAGAR, BANGALORE-560 041.
... PETITIONERS
(BY SRI.KIRAN.S.JAVALI & SRI.CHANDRASHEKARA.K., ADVOCATES)
AND :
DEPUTY DIRECTOR DIRCTORATE OF ENFORCEMENT, 3RD FLOOR, “B’ BLOCK, BMTC BUILDING, SHANTINAGAR,
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K.H.ROAD, BANGALORE – 560 027.
... RESPONDENT
(BY SRI.P.PRASANNA KUMAR, ADVOCATE.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH SUMMONS DATED 05.10.2017 AT ANNEXURE-A AND A1 PASSED BY R-1 AS ILLEGAL AND ABINITIO VOID AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners seeks leave of
this Court to withdraw the petition.
“The petitioners submit that the above writ petition had been filed questioning the issuance of summons dated 05.10.2017.
During the pendency of the petition, the respondent had passed a Provisional Attachment Order and confirmed by the
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Adjudicating Authority. The petitioner being aggrieved had preferred an appeal before the Appellate Tribunal. The same is pending consideration.
Hence, it is prayed that this Hon’ble Court be pleased to permit the petitioner to withdraw the above petition, with liberty to urge all contentions before the Hon’ble Appellate Tribunal, in the interest of justice and equity.”
3. Memo is placed on record.
In view of the contents of the memo and submission of learned counsel for the petitioners, writ petition is dismissed as withdrawn with liberty as sought for.
Sd/- JUDGE
RKA
Sri. G.E. Veerabhadrappa
Smt. G.V. Radha
Deputy Director Directorate of Enforcement
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
