Karnataka High Court
M/S Mantri Developers Pvt Ltd vs The Registrar on 30 August, 2024
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NC: 2024:KHC:34958-DB
WP No. 7560 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 7560 OF 2023 (GM-RES)
BETWEEN:
M/S MANTRI DEVELOPERS PVT. LTD
COMPANY REGISTERED UNDER THE
COMPANIES ACT 1956,
HAVING REGISTERED OFFICE AT
#41, MANTRI HOUSE,
VITTAL MALLYA ROAD,
BANGALORE-560 001.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE MR. GIRISH GUPTA
...PETITIONER
Digitally signed by
(BY SMT. VANDANA P.L, ADVOCATE)
HARIKRISHNA V
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE REGISTRAR
NATIONAL COMPANY LAW TRIBUNAL
BANGALORE BENCH,
RAHEJA TOWERS, 12TH FLOOR,
M.G. ROAD,
BANGALORE-560 001.
2. INDIABULLS HOUSING FINANCE LIMITED
M-62 & 63, FIRST FLOOR, CONNAUGHT PLACE,
NEW DLEHI-110 001.
ALSO AT: 116, KRISHNA ARCADE,
BETWEEN 12TH & 11TH CROSS,
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NC: 2024:KHC:34958-DB
WP No. 7560 of 2023
MARGOSA ROAD, MALLESHWARAM,
BENGALURU, KARNATAKA-560 003.
3. MR. AHSAN AHMAD
FATHER NAME NOT KNOWN,
AGED MAJOR,
INTERIM RESOLUTION PROFESSIONAL IN
CP(IB) NO.94/BB/2022-NCLT-BANGALORE,
IBBI/IPA-002/IP-N00987/2020-2021/13183
BB-31, DDA HIG FLATS, POCKET-9A,
JASOLA VIHAR, NEW DELHI,
NATIONAL CAPITAL TERRITORY OF DELHI-110 025
EMAIL: [email protected]
MOBILE: 9891652751.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF DECLARATION THAT CP(IB) NO.94/BB/2022
FILED UNDER SECTION 7 OF IBC BEFORE THE NCLT,
BANGALORE WAS NOT MAINTAINABLE FOR WANT OF
JURISDICTION BECAUSE THE RESPONDENT HAD ALREADY
FILED CP(IB) NO.92/BB/2022 UNDER SECTION 95 OF THE IBC
AND AS THE MATTER IS SEIZED OF THE HON'BLE SUPREME
COURT OF INDIA IN WRIT PETITION (CIVIL) NO.923/2022 AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
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NC: 2024:KHC:34958-DB
WP No. 7560 of 2023
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the petitioner has drawn our attention to the memo for withdrawal dated 05.04.2023, wherein the following has been stated.
"The petitioner most humbly prays to withdraw the presentation as the office has raised an objection that the petition is not maintainable and hence the memo may kindly be taken on record and the petitioner may be permitted to withdraw the same in the interest of justice and equity."
She reiterates the prayer as made in the memo for withdrawal.
The petition is dismissed as withdrawn.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 9