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Karnataka High Court

M/S. Samruddhi Realty Limited vs Mr. Sumanth Kanthavar on 3 February, 2022

Author: Alok Aradhe

Bench: Alok Aradhe

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF FEBRUARY 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

            THE HON'BLE MR.JUSTICE M.I. ARUN

            W.P. No.1179 OF 2019 (GM-CON)

BETWEEN:

1.     M/S. SAMRUDDHI REALTY LIMITED
       A COMPANY REGISTERED UNDER
       THE PROVISIONS OF THE COMPANIES ACT
       HAVING ITS REGISTERED OFFICE AT
       NO.21/15, 4TH FLOOR, M.G. ROAD
       BENGALURU-560 001
       REP. BY ITS MANAGING DIRECTOR.

2.     MR. HEMANG DIPAK KUMAR RAWAL
       MANAGING DIRECTOR
       M/S. SAMRUDDHI REALTY LIMITED
       A COMPANY REGISTERED UNDER THE
       PROVISIONS OF THE COMPANIES ACT
       HAVING ITS REGISTERED OFFICE AT
       NO.21/15, 4TH FLOOR, M.G. ROAD
       BENGALURU-560 001.

3.     MR. VELLORE RAMAKRISHNAN MANJUNATH
       WHOLE TIME DIRECTOR
       M/S SAMRUDDHI REALTY LIMITED
       A COMPANY REGISTERED UNDER THE
       PROVISIONS OF THE COMPANIES ACT
       HAVING ITS REGISTERED OFFICE AT
       NO.21/15, 4TH FLOOR, M.G. ROAD
       BENGALURU-560 001.
                                2



4.     MR. RAVINDRA MALLIKARJUNAPPA MADHUDI
       WHOLE TIME DIRECTOR
       M/S SAMRUDDHI REALTY LIMITED
       A COMPANY REGISTERED UNDER THE
       PROVISIONS OF THE COMPANIES ACT
       HAVING ITS REGISTERED OFFICE AT
       NO.21/15, 4TH FLOOR, M.G. ROAD
       BENGALURU-560 001.

                                      ... PETITIONERS
(BY MR. G.S. HALASHETTI, ADV.,)

AND:

1.   MR. SUMANTH KANTHAVAR
     S/O LATE SUNDAR K.N.
     AGED ABOUT 45 YEARS
     R/AT NO.71, GOVINDAPPA ROAD
     BASAVANAGUDI
     BENGALURU-560 004.

2.   SRI. SRIDHAR R
     S/O SRI. N. RAMACHANDRA
     AGED ABOUT 42 YEARS
     R/AT ASHWARA ARCADE
     NO.10/3-1, 3RD FLOOR
     BANASWADI MAIN ROAD
     JAI BHARATH NAGAR
     BENGALURU-560 033.

                                        ... RESPONDENTS
(RESPONDENTS SERVED)
                            ---

     THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DATED 16.8.2018 PASSED BY THE KARNATAKA STATE
CONSUMER DISPUTE REDRESSAL COMMISSION AT BENGALURU,
IN CONSUMER COMPLAINT NO.529/2017 VIDE ANNEX-E TO W.P.
ALLOW I.A. DATED 9.7.2018 FILED BY THE PETTIONERS U/S 151
OF CPC BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION AT BENGALURU, IN CONSUMER
                                   3




COMPLAINT NO.529/2017 VIDE ANNEX-C. GRANT AN INTERIM
ORDER TO STAY ALL FURTHER THE PROCEEDINGS IN CONSUMER
COMPLAINT NO.529/2017 ON THE FILE OF THE HON'BLE STATE
CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU.

     THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:

                            ORDER

Mr.G.S.Halashetti, learned counsel for the petitioner. Learned counsel for the petitioner fairly submits that the issue involved in this writ petition is no longer res integra and has been decided by the Supreme Court in 'IMPERIA STRUCTURES VS. ANIL PATNI AND OTHERS', AIR 2021 SC 17.

The aforesaid statement is taken on record. Accordingly, the writ petition is dismissed as withdrawn.

Sd/-

JUDGE Sd/-

JUDGE SS