Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2024 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT APPEAL NO. 67 OF 2024 (GM-KIADB) BETWEEN: JUST DIAL LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 29 SRT STREET, CUNNINGHAM ROAD, BENGALURU-560 052. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. VIJAY R NAIR. …APPELLANT
(BY SMT. NALINA MAYEGOWDA., SENIOR ADVOCATE A/W SRI. D. V. SHASHANK.,ADVOCATE) Digitally signed by SHARADA VANI B AND: Location: HIGH COURT OF 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KARNATAKA 4TH AND 5TH FLOOR, KHANIJA BHAVAN, NO. 49, RACE COURSE ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
2. SHREE PADMAVATHI INFRASTRUCTURE, A PARTNERSHIP FIRM, #7, VIJAYANAGAR COLONY, SOLAPUR ROAD, BIJAPUR DISTRICT, KARNATAKA - 586 103. REPRESENTED BY ITS MANAGING PARTNER MR. SSHARAN D BANDI. -2-
(R2 IS IMPLEADED V.C.O DATED 18.03.2024) …RESPONDENTS (BY SRI.SHASHI KIRAN SHETTY., SENIOR ADVOCATE A/W SRI. B B PATIL.,ADVOCATE FOR C/R1; SRI. AJAY J NANDALIKE., ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 08.01.2024 PASSED BY THE LEARNED SINGLE
JUDGE IN WP NO.23461/2023 (GM-KIADB) AND CONSEQUENTLY, ALLOW THE WRIT PETITION NO.23461/2023 IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR ORDERS THIS DAY, KRISHNA S DIXIT.J., DELIVERED THE FOLLOWING:
JUDGMENT
The challenge in this intra-court appeal is to a learned Single Judge’s order dated 8.1.2024 entered in W.P.No.23461 of 2023 (GM-KIADB). After service of notice, the respondent-KIADB is represented by learned Panel Counsel and the arguing counsel happens to be the learned Advocate General.
2. The appellant has moved an application seeking
impleadment of the party named in the subject application as respondent No.2. There is unanimity of the view at the Bar that this application be allowed and permission to implead be granted. There is no need for much deliberation. Accordingly, the subject application having been allowed, appellant is permitted to implead the proposed party as 2nd respondent. -3-
3. Learned counsel appearing for the now impleaded
respondent No.2 agrees to pay and accordingly has handed the bank draft dated 1.3.2024 for a sum of Rs.1,83,13,614/- (Rupees One Crore Eighty Three Lakh Thirteen Thousand Six Hundred and Fourteen) only, and the learned counsel appearing for the appellant having received the same, fairly states that the grievance of her client has fully withered away with this. In view of the above, the Writ Appeal is disposed off subject to realization of the bank draft concerned. Costs made easy. CHIEF JUSTICE JUDGE cbc List No.: 1 Sl No.: 21