Petitioner sought withdrawal of Writ Petition No. 1038 of 2023 filed under Article 226 due to the petition becoming infructuous following the Commercial Court's preliminary order on 23.01.2023.
Writ petition allowed to be withdrawn as it became infructuous.
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WP No. 1038 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1038 OF 2023 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI S.ABHINAG, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
WP No. 1038 of 2023
ALL RESIDENTS OF NO.143/3, CMR COLONY, BANK AVENUE, HENNUR BANASWADI LAYOUT, BENGALURU-560 043 KARNATAKA
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO DIRECT THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU, TO PASS ORDERS ON MAINTAINABILITY, IN COMMERCIAL A.A. NO. 9/2021, EXPEDITIOUSLY, AND IN A TIME BOUND MANNER AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has moved the matter
to seek leave of this Court to withdraw the petition. He also files a memo seeking permission to withdraw the petition, as
the petition is rendered infructuous.
“1. The petitioner has preferred the captioned writ petition, seeking for direction to the Court of the XI Additional District and Sessions Judge (Commercial Court), Bengaluru Rural District, Bengaluru (“Commercial Court), to pass orders on maintainability, in Commercial A.A. No.9 of 2021, expeditiously, and in a time bound manner.
2. On 23.01.2023, orders on the preliminary objections raised by the Petitioner in the Arbitration Application, were passed by the Commercial Court, rendering this writ
WP No. 1038 of 2023
petition, infructuous. As such, the Petitioner seeks the leave of this Hon’ble Court to withdraw the captioned writ petition. Hence, this memo.”
In terms of the memo, the writ petition is disposed as
having become infructuous.
Sd/JUDGE
NVJ
List No.: 3 Sl No.: 2
Wisdom World Developers Private Limited
Dr. Sabita Ramamurthy
Mr. K.C. Ramamurthy
Mr. K.R. Jayadeep
Ms. K.R. Trista
M. Nagaprasanna
As recorded by the court registry
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