Disposed
M/S. Kashyap Construction v. M/S. Canara Bank
Karnataka HCWP/10308/2019
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.10308 OF 2019 (GM-RES)
BETWEEN:
M/S KASHYAP CONSTRUCTION PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 215/1, 1ST FLOOR, 3RD PHASE, 100 FT RING ROAD, BSK III STAGE, BENGALURU - 560 085. REPRESENTED BY ITS DIRECTOR, MR. L.S.SANTOSH
…PETITIONER
(BY SMT. SUMANA NAGANANDA, ADVOCATE)
AND:
M/S. CANARA BANK, BANKING COMPANY REGISTERED UNDER TEH BANKING REGULATION ACT, 1949 PRIME CORPORATE BRANCH, SHANKARNARAYANA BUILDING, NO.25, M.G.ROAD, BENGALURU - 560 001. REPRESENTED BY ITS BRANCH MANAGER
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH COMMUNICATION DTD 22.02.2019 VIDE ANNX-F ISSUED BY THE RESPONDENT TO THE PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is disposed off as having become
infructuous in terms of the Memo dated 02.09.2022 which reads as under:
" The Petitioner herein respectfully submits as under:
1) The present Writ Petition has been preferred to, inter alia, quash the communication dated 22.02.2019 (Annexure F) issued by the Respondent to the Petitioner; to direct the Respondent Bank to consider the request of the Petitioner for renewal of the BG bearing no.BG2015BG265 dated 30.11.2015 (Annexure A); to declare that the action of the respondent Bank in issuing communication dated 22.02.2019 (Annexure F) indicating that it is not willing to extend the guarantee expiring on 24.02.2019 as wholly illegal, arbitrary and violative of Article 14 of the Constitution of India.
2) It is submitted that during the pendency of the present Writ Petition, the issues raised herein have been rendered infructuous.
Wherefore it is respectfully prayed that this Hon'ble Court may be pleased to permit the petitioners to withdraw the present Writ Petition as having rendered infructuous, in all interests of justice.”
Sd/JUDGE
DS
M/s Kashyap Construction Private Limited
M/s. Canara Bank
Krishna S Dixit
As recorded by the court registry
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