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Karnataka High Court

Anheuser Busch Inbev India Limited vs Mr Satish Babu Sana on 7 July, 2022

Author: B.Veerappa

Bench: B.Veerappa

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 07TH DAY OF JULY, 2022

                       PRESENT

          THE HON'BLE MR. JUSTICE B.VEERAPPA

                         AND

        THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

              C.C.C.No.544/2021(CIVIL)

BETWEEN :

ANHEUSER BUSCH INBEV INDIA LIMITED,
FORMERLY KNOWN AS SAB
MILLER INDIA LIMITED,
HAVING ITS REGISTERED OFFICE AT
UNIT NO.301-302, THIRD FLOOR,
DYNASTY BUSINESS PARK,
B WING ANDHERI KURLA ROAD,
ANDHERI (EAST),
MUMBAI - 400 059.

AND ITS CORPORATE OFFICE AT
6TH FLLLOR, GREEN HEART BUILDING,
MFAR, MANYATA TACH PARK,
PHASE IV NAGAVARA VILLAGE,
BANGALORE - 560 045.
                                      ...COMPLAINANT

(BY SRI PRAMOD NAIR, SENIOR COUNSEL A/W
    MS. MAITREYI KANNUR, ADVOCATE)

AND :

1.     MR. SATISH BABU SANA,
                        -2-


       VILLA NO.54, POULOMI AROSTOS,
       KOKAPET, HYDERABAD,
       TELANGANA - 500 075.

2.     MRS. NAGA JYOTHI SANA,
       VILLA NO.54, POULOMI AROSTOS,
       KOKAPET, HYDERABAD,
       TELANGANA - 500 075.


                               ...ACCUSED
(BY SRI VIVEK S REDDY, SENIOR COUNSEL A/W
    SRI ROSHAN M.C., ADVOCATE)

                            ***

       THIS CCC IS FILED UNDER SECTION 12 AND
SECTION 2(B) OF THE CONTEMPT OF COURT ACT, 1971,
BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED MR. SATISH BABU
SANA    AND   MRS.   NAGA    JYOTHI   SANA   AND   TAKE
APPROPRIATE ACTION AGAINST THEM FOR COMMITTING
CONTEMPT OF COURT BY WILFUL DISOBEDIENCE AND
BREACH OF ORDER DATED 1 FEBRUARY 2019 AA 44/2019
(NOW COM.AA.06/2019) (AS EXTENDED FROM TIME TO
TIME) PASSED BY LXXXII ADDITIONAL CITY JUDGE AT
BENGALURU.


       THIS CCC COMING ON FOR ORDERS, THIS DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:
                          -3-

                         ORDER

When the matter came up before this Court on 30.06.2022, Sri Bhargava D. Bhat, who was appointed as Court Commissioner has visited the spot and submitted the report along with photographs stating at page No.5 at paragraph No.17 as under:

"On the basis of the inspection carried out by the undersigned, the undersigned, in response to the specific query posed by this Hon'ble Court, reports that there is no plant or machinery that is embedded in the land sold under Sale Deed dated 18/03/2021 as shown to the undersigned by the representative of the accused."

2. After arguing the matter at length, Sri. Pramod Nair, learned Senior Counsel for the complainant has filed a memo seeking permission to withdraw the contempt petition with liberty to pursue his remedy in Arbitration Appeal pending before the Arbitral Tribunal.

-4-

3. Memo is placed on record.

4. In view of the above, we pass the following:

ORDER The Civil Contempt Petition is dismissed as withdrawn with liberty to the complainant to pursue his remedy in Arbitration Appeal pending before the Arbitral Tribunal, in accordance with law.
Sd/-
JUDGE Sd/-
JUDGE MBM