Karnataka High Court
Cni Enterprises India Pvt Ltd vs Union Of India on 15 March, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
WP No. 43949 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 43949 OF 2019 (GM-RES)
BETWEEN:
CNI ENTERPRISES (INDIA) PVT. LTD,
WITH ITS OFFICE AT NO. 68,
1ST FLOOR,
2ND MAIN, BEST COUNTRY 3,
VIDYARANYAPURA PO,
BENGALURLU - 560 097,
REPRESENTED BY ITS AUTHORISED SIGNATORY.
...PETITIONER
(BY SMT. ANUSHREE G., ADVOCATE FOR,
Digitally
SRI. UDAY SHANKAR R M., ADVOCATE)
signed by
REKHA AND:
ANKAIAH
Location:
High Court 1. UNION OF INDIA,
of
Karnataka REPRESENTED BY ITS UNDER SECRETARY,
MINISTRY OF CORPORATE AFFAIRS,
SHASTRI BHAWAN,
DR. RAJENDRA PRASAD ROAD,
NEW DELHI - 110 001.
2. REGISTRAR OF COMPANIES, KARNATAKA,
KENDRIYA SADAN,
II BLOCK,
-2-
WP No. 43949 of 2019
KORAMANGALA,
BENGALURU - 560 034.
...RESPONDENTS
(BY SRI. TIMMANNA BHAT., CGC FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
ACT OF THE RESPODNENTS IN RESTRICTING THE
PETITIONERS FROM PROCEEDINGS WITH THE FILING OF FORM
INC 22A IN THE ABSENCE OF APPOINTMENT OF A COMPANY
SECRETARY AS UNCONSTITUTIONAL, AND IN VIOLATION OF
FUNDAMENTAL AND STATUTORY RIGHTS AND IN
CONTRAVENTION OF THE PROVISIONS OF PART III OF THE
CONSTITUTION OF INDIA AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo for withdrawal of Civil Petition on the grounds urged in the said memo.
2. Memo reads as under.
"The petitioner herein states as follows:
1. That the present writ petition was preferred by the Petitioner herein against the Respondent herein impugning the acts of the Respondent in restricting the petitioner from proceeding with filing of form INC 22A.-3- WP No. 43949 of 2019
2. However, the petitioner is no longer desirous of contesting the present proceedings and humbly prays that this Hon'ble Court may be pleased to permit the petitioner herein to withdraw the present writ petition while simultaneously reserving liberty to the petitioner herein to approach this Hon'ble Court if such need arises.
WHEREFORE, it is humbly prayed that the present writ petition may be disposed off as withdrawn simultaneously reserving liberty in favour of the petitioner herein."
3. The submission and memo are placed on record.
4. Accordingly, this Civil Petition is dismissed as having become infructuous reserving liberty.
Sd/-
JUDGE CPN List No.: 1 Sl No.: 60 CT:STK