Karnataka High Court
M/S Sri Angala Parameshwari ... vs The Mysore Electricial Industries Ltd on 26 July, 2024
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NC: 2024:KHC:29567
WP No. 5764 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V KAMESWAR RAO
WRIT PETITION NO. 5764 OF 2022 (GM-RES)
BETWEEN:
M/S SRI ANGALA PARAMESHWARI ENTERPRISES,
NO.67/2, NEAR GANGAMMAGUDI POLICE STATION,
1ST STAGE, KUVEMPUNAGAR,
ABBIGERE MAIN ROAD,
SINGAPURA, JALAHALLI POST,
BENGALURU - 560014.
REPRESENTED BY ITS PROPRIETOR
MUNISWAMY SOWNDARA RAJAN
...PETITIONER
(BY SRI. NAVEEN G S., ADVOCATE)
AND:
1. THE MYSORE ELECTRICIAL INDUSTRIES LTD.,
(GOVERNMENT OF KARNATAKA UNDERTAKING)
P B NO.2221, TUMKUR ROAD,
Digitally
signed by K G YESHWANTHPUR,
RENUKAMBA BENGALURU - 560 022.
Location: REPRESENTED BY ITS MANAGING DIRECTOR
High Court of
Karnataka
2. M/S UDAY SHIVAKUMAR INFRA PVT. LTD.,
A PROPRIETORSHIP CONCERN
HAVING ITS OFFICE ATDAVANAGERE.
REPRESENTED BY ITS PROPRIETOR
...RESPONDENTS
(BY SRI. VISWANATH SABARAD.,ADVOCATE FOR R1,
SRI. C RAVIKUMAR, ADVOCATE FOR R2)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
E-AUCTION PROCESS HELD BY R1 ON 12.02.2022 IN LIEU OF
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NC: 2024:KHC:29567
WP No. 5764 of 2022
AUCTION NOTICE DATED 01.02.2022 PRODUCED AT
ANNEXURES-L & M AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
'B' GROUP THIS DAY`, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE V KAMESWAR RAO
ORAL ORDER
This petition has been filed with the following prayers:
"i) Issue a writ or such other order setting aside the e-
auction process held by 1st respondent on 12.02.2022 in lieu of Auction Notice bearing No.MEIL/2021- 22/AUCTION50 dated 01.02.2022 produced at Annexures-L & M.
ii) Issue a direction to 1st Respondent to conduct a re-
auction with respect to subject matter of Auction Notice bearing No. MEIL/2021-22/AUCTION50 dated 01.02.2022; and
iii) Pass such other order as this Hon'ble Court deems fit to grant in the interest of justice and equity."
2. Sri. Viswanath Sabarad, the learned counsel appearing for Respondent No.1 states, he has instructions to state that Respondent No.1 has decided to recall the -3- NC: 2024:KHC:29567 WP No. 5764 of 2022 Auction Notice dated 01.02.2022 and to issue a fresh Auction Notice.
3. In view of the submission made by the learned counsel for Respondent No.1, the counsel for the petitioner Sri. Naveen G.S., submits that, nothing further survives in the petition and the petition be disposed of as infructuous.
4. If that be so, the petition is dismissed as infructuous.
Sd/-
(V KAMESWAR RAO) JUDGE KGR List No.: 1 Sl No.: 1