SMT. PRERNA POVAPPA., ADVOCATE FOR SRI. ADITYA v. BHAT
Case Details
- 1 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 57860 OF 2018 (GM-RES) C/W WRIT PETITION NO. 30336 OF 2017 (GM-KIADB) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA IN WP No. 57860/2018 BETWEEN:
Legal Reasoning
THE BANK OF NOVA SCOTIA NO.1110, 11TH FLOOR, RAHEJA TOWERS, EAST WING, 26-27, M.G.ROAD, BANGALORE-01 REP BY ITS POWER OF ATTORNEY HOLDER MR. ANAND TIWARI (BY SMT. PRERNA POVAPPA., ADVOCATE FOR SRI. ADITYA V BHAT., ADVOCATE) AND: 1. THE DISTRICT MAGISTRATE AND DEPUTY COLLECTOR OF THE HASSAN DISTRICT, 1ST FLOOR, ZILLA PANCHAYAT, BANGALORE MANGALORE HIGHWAY, HASSAN-573201 2. OPTO INFRASTRUCTURE LIMITED A WHOLLY OWNED SUBSIDIARY OF OPTO CIRCUITS INDIA LIMITED., PLOT NO.24, ELECTRONIC CITY PHASE-1 BANGALORE-560100 REP BY ITS AUTHORISED REPRESENTATIVE 3. KARNATAKA INDUSTRIAL AREAS …PETITIONER - 2 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 DEVELOPMENT BOARD THROUGH THE DEVELOPMENT OFFICER AND EXECUTIVE ENGINEER, HOLENARASIPURA ROAD, HASSAN-573201 (BY SMT. NAVYA SHEKAR., AGA FOR R1; SRI. ASHOK N. NAYAK., ADVOCATE FOR R3; SRI. ASHWIN R.A., ADVOCATE FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN THE CRIMINAL MISCELLANEOUS PETITION FILED ON AUGUST 10, 2015 BEFORE THE DISTRICT MAGISTRATE, HASSAN DISTRICT AT HASSAN AND ETC. ...PETITIONER IN WP NO. 30336/2017 BETWEEN: M/S OPTO INFRASTRUCTURE LTD., A SUBSIDIARY OF OPTO CIRCUITS (I) LTD., PLOT NO.24, ELECTRONIC CITY PHASE I, BANGALORE 560 100, KARNATAKA STATE REPT. BY SRI DHEERENDRA KUMAR SINGH (BY SRI. ASHWIN R.A. ADVOCATE) AND: 1. STATE OF KARNATKAA KARNATAKA URBAN LAND DEVELOPMENT BOARD, VIKASA SOUDHA, BANGALORE 560 001. REP. BY ITS SECRETARY, 2. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, (A GOVERNMENT OF KARNATAKA UNDERTAKINGS), ZONAL OFFICE GROWTH CENTRE, INDUSTRIAL AREA, HOLE NARASIPURA ROAD, HASSAN 573201. REP. BY ITS ASSISTANT SECRETARY. - 3 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 3. THE DEPARTMENT OF INDUSTRIES & COMMERCE, NO.106, 1ST FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE 573 201. REP. BY ITS ASSISTANT SECRETARY. ...RESPONDENTS THE BANK OV NOVA SCOTIA MITTAL TOWER B-WING GROUND FLOOR, NARIMAN POINT, MUMBAI-400021 ALSO AT: No.1110, 11TH FLOOR, RAHEJA TOWERS, EAST WING, 26-27, MG ROAD, BANGALORE-560001 REP BY ITS AUTHORISED OFFICER MR. ANAND TIWARI. ...IMPLEADING APPLICANT (BY SMT. NAVYA SHEKAR., AGA FOR R1 & R3; SRI. ASHOK N NAYAK., ADVOCATE FOR R2; SMT. PRERNA POVAPPA., ADVOCATE FOR SRI. ADITYA V. BHAT., ADVOCATE FOR I.A. 1/18 FOR IMPLEADING) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER BY WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT WHEREBY, SET ASIDE/QUASH THE IMPUGNED ORDER ANNEX-A PASSED BY THE R-3 IN PROCEEDINGS OF 47TH MEETING OF STATE HIGH LEVEL CLEARANCE COMMITTEE DTD.20.4.2017 DIRECTING THE R-2 TO TAKE RE-DELIVERY OF POSSESSION OVER THE ALLOTTED LAND AND ETC. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 ORAL ORDER 1. The Petitioner in W.P.No.57860/2018 is before this Court seeking for the following reliefs: a. b. Call for the records in the Criminal Miscellaneous Petition bearing No.SARFAESI/17/2015-16 filed on August 10, 2015 before the District Magistrate, Hassan District at Hassan. Issue a writ of certiorari and/or any other applicable writ, quash the order dated November 20, 2018 passed by the District Magistrate, Hassan District, at Hassan reviewing its own order dated November 24, 2017 in Criminal Miscellaneous Petition No.SARFAESI/17/2015-16 (Annexure-A) and c. Restore the order dated November 24, 2017 passed by the District Magistrate, Hassan in Criminal Miscellaneous Petition No. SARFAESI/17/2015. 2. The Petitioner in W.P.No.30336/2017 is before this Court seeking for the following reliefs: a. Pass an order by Writ of mandamus or any other appropriate writ, whereby, set aside/quash the impugned order Annexure-A passed by the 3rd Respondent in the proceedings of 47th meeting of State High Level Clearance Committee dated 20.4.2017 directing the Respondent No.2 to take re-delivery of possession over the allotted land. b. May pleased to pass appropriate order that this Hon’ble Court deem fit in the circumstances of the case. - 5 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 3. A memo dated 24.4.2025 has been filed in W.P.No.57860/2018 signed by the learned counsel for the Petitioner, which reads as under:- MEMO FOR WITHDRAWAL The Petitioner herein humbly submits as follows: 1. The Petitioner filed the captioned writ petition seeking a direction from this Hon'ble Court to quash the order dated November 20, 2018, of the Ld. District Magistrate, Hassan District, reviewing its own order dated November 24, 2017 (permitting the Petitioner herein to take possession of the Leasehold property), which was done without jurisdiction. 2. This Hon'ble Court vide its Order dated January 14, 2019, passed an interim Order inter alia directing for status quo to be maintained in respect of possession of the subject property. 3. In the meanwhile, the Petitioner herein, filed an Application bearing I.A. (CA) No.06/2023 in the ongoing insolvency proceedings in T.P. No.1/2019 before the Hon'ble NCLT, Bengaluru, inter alia seeking a direction to the Resolution Professional to disburse the refund amount of INR 35,62,90,800/- (Rupees Thirty Five Crores Sixty Two Lakhs Ninety Thousand and Eight Hundred Only) in view of the surrender and cancellation of the lease deed of the subject property and return of the said property to Karnataka Industrial Areas Development Board ("KIADB"). It is relevant to note that the said property was mortgaged to the Petitioner as a security for the loan availed by Opto the Circuits India Limited ("OCIL") (for which Respondent No. 2, a wholly owned subsidiary of OCIL stood as a guarantor). in T.P. 4. Further, No.1/2019 did not oppose Petitioner's aforementioned application for refund. the Resolution Professional 5. The Hon'ble NCLT taking note of the settlement made between the parties, disposed of I.A. (CA) - 6 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 the Resolution Professional No.06/2023 vide its Order dated September 25, 2023, thereby directing to disburse a refund of INR 35,62,90,800/- (Rupees Thirty-Five Crores Sixty-Two Lakhs Ninety Thousand and Eight Hundred Only), after deducting Petitioner's share towards the cost of the Corporate Insolvency Proceedings. 6. The Petitioner has also received the said refund. 7. A copy of the Order dated September 25, 2023, passed by the Hon'ble NCLT, Bengaluru in I.A. (CA) No.06/2023 is recording produced herewith as Document No.1. the above settlement 8. Thus, in view of the settlement arrived at in ongoing proceedings before Hon'ble NCLT, Bengaluru, in relation to the property forming subject matter of the present Writ Petition, the Petitioner seeks to withdraw the present Writ Petition as the same has been rendered infructuous.
Decision
WHEREFORE, it is humbly prayed that the present memo along with the enclosed document may be taken on record and the writ petition may be disposed as withdrawn in the interests of justice and equity. 4. A memo dated 27.2.2025 has been filed in W.P.No.30336/2017 signed by the learned counsel for the Petitioner, which reads as under:- MEMO OF WITHDRAWAL The Counsel for the Petitioner most humbly submits as follows: 1. The above writ petition was filed before this Hon'ble Court seeking directions from this Hon'ble Court to Respondent No.2 to refund the lease deposit paid by the Petitioner upon surrender of the land parcel situated in Hassan. - 7 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 2. It is submitted before this Hon'ble Court that the Hon'ble National Company Law Tribunal (NCLT) vide its order dated 28.03.2023 (ΙΑ 54 of 2022) had directed the Respondent No.2 to refund the lease deposit upon execution of a surrender and cancellation deed with respect to the Hassan Land Parcel. A copy of the order dated 28.03.2023 is attached along with this memo as DOCUMENT NO. 1. the Hon'ble NCLT, 3. In pursuance of the said order dated 28.03.2023 passed by the Resolution Professional of the Petitioner Company has executed a Surrender and Cancellation Deed dated 16.06.2023 in favour of Respondent No. 2. A copy of the Surrender and Cancellation Deed executed by the Petitioner in favour of Respondent No. 2 is produced along with this memo as DOCUMENT NO. 2. Pursuant to the execution the the Surrender and Cancellation Deed, of Respondent No. 2 has refunded the lease deposit amount of Rs. 35,62,60,173/- (Rupees Thirty Five Crores Sixty Two Lakhs Sixty Thousand One Hundred and Seventy Three only) to the Resolution Professional of the Petitioner vide Clearing No. 638720026 on 21.06.2023. 4. Subsequently, pursuant to the order of Hon'ble NCLT dated 25.09.2023 in I.A (CA) No.06/2023, an amount of Rs. 35,31,64,972 (Rupees Thirty Five Crores Thirty One Lakhs Sixty Four Thousand Nine Hundred and Seventy Two only) was distributed to The Bank of Nova Scotia on the below dates: Transfer Date 05.10.2023 Amount (INR) 35,00,00,000 09.10.2023 31,64,972 UTR Reference Number UTIBR5203 100500358683 UTIBR5203 100900363318 5. In light of the above development, the above mentioned Writ Petition has become infructuous and the petitioner may be permitted to withdraw the above writ petitions. Wherefore, it is most humbly prayed that this Hon’ble Court be pleased to accept this memo and dismiss the - 8 - NC: 2025:KHC:17258 WP No. 57860 of 2018 C/W WP No. 30336 of 2017 writ petitions as withdrawn in the interests of justice and equity. 5. Accepting the said memos and the submission of the learned counsel for the Petitioner, the matter being settled, the Writ Petitions are dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 17