Held that since the Recovery Officer issued a notice intimating the taking of physical possession of the petitioners' property, the writ petition challenging the same was rendered infructuous and thus dismissed.
The writ petition was dismissed as infructuous due to the issuance of the notice for physical possession.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1457 OF 2020 (GM-DRT)
BETWEEN :
BOTH ARE R/O NO.14/1, 14TH CROSS MUDDAMMA GARDEN EXTENSION BENSON TOWN
BANGALORE-46 … PETITIONERS
(BY SHRI. SIDDANOORU VISHWANATHA, ADVOCATE-[ABSENT])
AND :
BANGALORE-01
REP. BY ITS AUTHORIZED OFFICER
ADVOCATE/COMMISSIONER/RECEIVER OFFICER, DOOR NO.8, G FLOOR II CROSS, II MAIN
CONCORD LAYOUT
PATTANGERE
RR NAGAR, BENGALURU-98 ... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE DATED 01.01.2020 ISSUED BY THE RECOVERY OFFICER II DEBTS RECOVERY
2
TRIBUNAL-I BENGALURU U/S 25 (AA) OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTION ACT 1993 OF THE SAID ACT, AS EPR ANNEXURE-D HOLDING THE SAME AS ILLEGAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioner on previous dates of hearing and also today.
is accordingly dismissed .
No costs.
Sd/JUDGE
AV
2 issues framed by the court
Whether the writ petition challenging the Recovery Officer's notice for physical possession of property is maintainable.
Whether the notice was issued and served such that the writ petition remained viable.
2 provisions across 2 enactments
Mr. J. Jayasurya S/o J. Jagan
J. Jain Chand S/o J Mr. Jagan
The Canara Bank Infantry Road Branch No.91
Kiran Mallannavar
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court