Dismissed¶44

Canara Bank v. M/S Phalguni Textiles

Karnataka HC3 Jul 2025WA/325/2025

Case brief

AI extract

What is this about?

Writ appeal dismissed as withdrawn; infructuous appeal; memo for withdrawal; Canara Bank v. M/s Phalguni Textiles and partners; Karnataka High Court Act, 1961 S. 4; interim order dated 01.02.2025 in Writ Petition No. 2930/2025; writ petition disposed off 18.03.2025; deficit court fee Rs. 100/-; compliance listed 10.07.2025; GM-RES; Mangalore; High Court of Karnataka 2025.

What did the court decide?

The writ appeal is dismissed as withdrawn, the appellant having filed a memo for withdrawal after the connected Writ Petition No.2930/2025 stood disposed off on 18.03.2025. ¶44

Canara Bank Vs M/S Phalguni Textiles — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:23892-DB WA No. 325 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2025

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PRESENT

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THE HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 325 OF 2025 (GM-RES)

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BETWEEN:

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CANARA BANK

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REP BY ITS AUTHORISED OFFICER REGIONAL OFFICE BALMATTA ROAD

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MANGALORE - 575 001

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…APPELLANT

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(BY SRI VELANGANNI C, ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka

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M/S PHALGUNI TEXTILES A PARTNERSHIP FIRM REPRSENTED BY ITS PARTNER MR. MANOJ KUMAR SVC COMPLEX BHAVANTHI STREET MANGALORE - 575 001

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MR. MANOJ KUMAR

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PARTNER OF M/S PHALGUNI TEXTILES S/O LATE SANKAPPA KOTTARI

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AGED ABOUT 51 YEARS

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NC: 2025:KHC:23892-DB WA No. 325 of 2025

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HC-KAR

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RESIDING AT MATHUCHAYA HOUSE NEAR BAJAL CHURCH, BAJAL MANGALORE - 575 027

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MR. DEVICHARAN SHETTY PARTNER OF M/S PHALGUNI TEXTILES S/O K JAYARAM SHETTY RESIDING AT 3-26-2158 DEVI DARSHAN KADRI TEMPLE ROAD, KADRI MANGALORE - 575 002

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MR. VIJAYKUMAR JANARDHAN GATTY PARTNER OF M/S PHALGUNI TEXTILES RESIDING AT 23-1-1, MORGAN GATE NEAR CASSIE CHURCH MANGALORE - 575 002

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MR. HARISH BAKTHA PARTNER OF M/S PHALGUNI TEXTILES S/O LATE K SUBRAYA R BAKTHA RESIDING AT D NO.12-5-575-1 SHREE GANESH KRIPA NEW FIELD STREET MANGALORE - 575 001

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…RESPONDENTS

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE OR QUASH THE INTERIM ORDER DATED 01.02.2025 MADE IN WRIT PETITION No.2930/2025 PASSED BY THE LEARNED SINGLE JUDGE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 - NC: 2025:KHC:23892-DB WA No. 325 of 2025

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HC-KAR

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CORAM: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

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ORAL JUDGMENT

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(PER: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE)

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A memo for withdrawal has been filed by the counsel for

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the appellant-Canara Bank. The same reads as under:-

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"The undersigned Counsel for the Appellant most humbly submits as follows:

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That the subject Appeal was filed by the Appellant challenging the interim order dated 01.02.2025 passed in the connected Writ Petition No.2930/2025. The subject Writ Petition is disposed off on 18.03.2025.

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Hence the subject Writ Appeal stands infructuous and the Appellant withdraws the Writ Appeal.

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WHEREFORE, in view of the disposal of the Writ Petition No.2930/2025, it is most humbly prayed that the subject Writ Appeal may be disposed off as withdrawn, in the interest of justice & equity."

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2. Learned counsel for the appellant reiterates the prayer for

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withdrawal of the appeal.

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3. Accordingly, the appeal is dismissed as withdrawn.

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NC: 2025:KHC:23892-DB WA No. 325 of 2025

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HC-KAR

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