Karnataka High Court
Trishul Developers vs Smart Asset Services India Pvt Ltd on 20 June, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.19343/2021 (GM-RES)
BETWEEN:
1. TRISHUL DEVELOPERS
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT MITTAL TOWERS
NO.109, 'B' WING, FIRST FLOOR, NO.6
M G ROAD, BANGALORE-560001
REP. BY ITS MANAGING PARTNER
MR. NIRAJ MITTAL.
2. MR. NIRAJ MITTAL
MAJOR
MANAGING PARTNER
TRISHUL DEVELOPERS
MITTAL TOWERS, NO.109
'B' WING, FIRST FLOOR, NO.6
M G ROAD, BANGALORE-560001.
3. MR. O P MITTAL
MAJOR
PARTNER, TRISHUL DEVELOPERS
MITTAL TOWERS
NO.109, 'B' WING, FIRST FLOOR
NO.6, M G ROAD
BANGALORE-560001.
4. MRS. UMA MITTAL
MAJOR
PARTNER, TRISHUL DEVELOPERS
MITTAL TOWERS
NO.109, 'B' WING, FIRST FLOOR
NO.6, M G ROAD
BANGALORE-560001.
2
5. MRS. JYOTI MITTAL
MAJOR
PARTNER, TRISHUL DEVELOPERS
MITTAL TOWERS
NO.109, 'B' WING, FIRST FLOOR
NO.6, M G ROAD
BANGALORE-560001.
NOS. 3 TO 5 REPRESENTED BY THE
PETITIONER NO.2, MR. NIRAJ MITTAL.
...PETITIONERS
(BY SMT. H PAVITHRA, ADV.)
AND:
SMART ASSET SERVICES INDIA PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT
NO.151, 9TH MAIN
6TH SECTOR, HSR LAYOUT
BANGALORE-560102.
...RESPONDENT
(BY KUM. SHRIVIDYA, ADV. FOR
SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
CONDITION IMPOSED IN THE IMPUGNED ORDER, DATED
21.09.2021, PASSED BY THE LXXXIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-84), BANGALORE IN
COMM.A.S.NO.64 OF 2019, AND TO DIRECT THE DISTRICT
COURT TO ACCEPT THE PROPERTIES OFFERED BY THE
PETITIONERS IN THEIR APPLICATION U/S 36 (2) AS SECURITY
IN LIEU THEREOF.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
3
ORDER
Memo dated 20.06.2022 is filed by learned counsel for the petitioners stating that the petition has become infructuous.
2. Placing the memo on record, the writ petition is dismissed as having become infructuous.
SD/-
JUDGE NG* CT:bms