The Managing Director vs Housing Development Finance Corporation Ltd - Court Judgment

SooperKanoon Citationsooperkanoon.com/1665002
CourtKarnataka Orders High Court
Decided OnOct-31-2025
Case NumberCRP/229/2020
JudgeV Srishananda
AppellantThe Managing Director
RespondentHousing Development Finance Corporation Ltd
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 31st day of october, 2025 before the hon'ble mr. justice v srishananda civil revision petition no. 229 of 2020 (io) between: the managing director m/s. ashed valmark (m/s ashed properties and investments private limited) represented by managing director mr. sameer a. khan no.154/1, sameer house wheeler road, fraser town bengaluru - 560 005. …petitioner (by sri. srinivas l, advocate) and:1. housing development finance corporation ltd., represented by its senior manager, recoveries and power of attorney holderdigitally sri. manoj j. shah signed by aged about 52 years, malatesh hdfc house, no.51 kc kasturba road location: bengaluru - 560 001.high court of 2. alok dhanda karnataka s/o sri. dharam vir dhanda no.3, grove park square, gosforth, new castle upon tyne, ne3 1bn london, england. …respondents -2- this crp is filed under sec. 115 r/w sec. 151 of cpc praying to call for the records in o.s. 2326/2017 on the files of the learned lxvi additional city civil and sessions judge, bengaluru. this petition, coming on for admission, this day,order was made therein as under:coram: hon'ble mr. justice v srishanandaoral orderlearned counsel for the revision petitioner has filed a memo. the memo reads as under:"counsel for petitioner humbly submits that the present revision petition has been filed challenging order dated 27.11.2019 passed by learned lxvi additional city civil and sessions judge bengaluru in os 2326 of 2017 dismissing interlocutory application filed by petitioner - 2nd defendant under order 1 rule 10 of cpc for deletion of 2nd defendant as party to the suit. based on application filed by the plaintiff for withdrawal of suit, by virtue of order dated 17.12.2024 passed by hon’ble trial court in os.2326 of 2017, the hon’ble trial court has returned the plaint with liberty to plaintiff to file the same before court having jurisdiction, with the result that suit has been disposed off. consequently the present revision petition doesn’t survive for consideration. screenshot oforder dated 17.12.2024 is produced herewithand marked as annexure a. wherefore, it is humbly prayed that the memo may be taken on record and this hon’ble court may be pleased to dismiss the present revision as infructuous.” -3- placing the memo on record, revision petition is dismissed as it has rendered infructuous. sd/- (v srishananda) judge kav list no.: 1 sl no.: 59 ct: bhk
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 229 OF 2020 (IO) BETWEEN: THE MANAGING DIRECTOR M/S. ASHED VALMARK (M/S ASHED PROPERTIES AND INVESTMENTS PRIVATE LIMITED) REPRESENTED BY MANAGING DIRECTOR MR. SAMEER A. KHAN NO.154/1, SAMEER HOUSE WHEELER ROAD, FRASER TOWN BENGALURU - 560 005. …PETITIONER (BY SRI. SRINIVAS L, ADVOCATE) AND:

1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., REPRESENTED BY ITS SENIOR MANAGER, RECOVERIES AND POWER OF ATTORNEY HOLDER

Digitally       SRI. MANOJ J. SHAH
signed by       AGED ABOUT 52 YEARS,
MALATESH        HDFC HOUSE, NO.51
KC              KASTURBA ROAD
Location:       BENGALURU - 560 001.

HIGH COURT OF 2. ALOK DHANDA KARNATAKA S/O SRI. DHARAM VIR DHANDA NO.3, GROVE PARK SQUARE, GOSFORTH, NEW CASTLE UPON TYNE, NE3 1BN LONDON, ENGLAND. …RESPONDENTS -2- THIS CRP IS FILED UNDER SEC. 115 R/W SEC. 151 OF CPC PRAYING TO CALL FOR THE RECORDS IN O.S. 2326/2017 ON THE FILES OF THE LEARNED LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Learned counsel for the revision petitioner has filed a memo. The memo reads as under:

"Counsel for petitioner humbly submits that the present revision petition has been filed challenging order dated 27.11.2019 passed by learned LXVI Additional City Civil and Sessions Judge Bengaluru in OS 2326 OF 2017 dismissing interlocutory application filed by petitioner - 2nd defendant under Order 1 Rule 10 of CPC for deletion of 2nd defendant as party to the suit. Based on application filed by the plaintiff for withdrawal of suit, by virtue of order dated 17.12.2024 passed by Hon’ble Trial Court in OS.2326 of 2017, the Hon’ble Trial Court has returned the plaint with liberty to plaintiff to file the same before Court having jurisdiction, with the result that suit has been disposed off. Consequently the present revision petition doesn’t survive for consideration. Screenshot of

order dated 17.12.2024 is produced herewith

and marked as Annexure A. Wherefore, it is humbly prayed that the memo may be taken on record and this Hon’ble Court may be pleased to dismiss the present revision as infructuous.” -3- Placing the memo on record, revision petition is dismissed as it has rendered infructuous. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 59 CT: BHK