The High Court disposed of a writ petition filed under Articles 226 and 227 of the Constitution directing a bank to produce documents and restore property. The petition was withdrawn after the petitioner accepted a Special OTS Scheme offer from the bank.
Leave granted to withdraw the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.36918 OF 2016(GM-DRT)
BETWEEN:
M/S C S K GRANITES NO.23, KHATA NO. 20-A, UTTARAHALLI, UTTARAHALLI HOBLI, BENGALURU-560 061. REPRESENTED BY ITS PROPRIETOR, SRI KISHORE G. PANDIT.
...PETITIONER
(BY SRI.SHIVA KUMAR K B, ADVOCATE)
AND:
… RESPONDENTS (BY SRI.H R SUNIL KUMAR, ADVOCATE FOR R1; SRI.CHANDRASHEKAR C, ADVOCATE FOR R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO PRODUCE ALL THE ORIGINAL DOCUMENTS PERTAINING TO THE TERM LOAN ACCOUNT NO.3179160708 (PRODUCED AT ANNEXURE-B) AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This Petition is disposed off as having been
withdrawn in terms of the Memo dated 22.11.2022 which reads as under:
“ The petitioner in the above noted Writ Petition, has sought for a direction to the 1st Respondent (i) to produce all the original documents pertaining to the term loan Account No.3179160708 and (ii) to declare the said Account as an Active one and (iii) to set aside the Demand Notice dated 25-022014, as null and void, produced at AnnexureD, and also (iv) to set aside the orders of the Hon’ble Debts Recovery Tribunal dated 04-032016 in S.A.No.534/2014 produced at Annexure-a and for other reliefs.
2. The petitioner has also sought for a Writ of Mandamus directing the 1st Respondent to restore physical possession of the property bearing No.23, Katha No.20-A, including the structures constructed, machineries, interiors etc., situated at Uttarahalli Hobli, Bengaluru – 560 061, in view of the orders passed by the Hon’ble Debt Recovery Tribunal dated 04.03.2016 vide Annexure-A.
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3. It is respectfully submitted that, during the pendency of the Writ Petition, the Respondent Bank has issued a Compromise Proposal 3247647999 under Special OTS Scheme 2022-23 dated 14-11-2022. The said OTS Scheme is a compromise offer and the payment terms are scheduled.
4. The petitioner has accepted the Special OTS Scheme 2022-23 dated 14-112022. In view of the Special OTS Scheme offered by the Bank, The petitioner seeks leave of this Hon’ble Court to withdraw the Writ Petition. A copy of the Compromise Proposal under Special OTS Scheme dated 1411-2022 is herewith annexed as Annexure-A.
Wherefore, it is prayed that this Hon’ble Court may kindly be pleased to permit the Petitioner to withdraw the Writ Petition, in the interest of equity and justice.”
Registry is directed to send a copy of this judgment
to all the private Respondents by Speed Post,
immediately.
Sd/JUDGE
Bsv
1 provisions across 1 enactments
M/S C S K GRANITES
THE AUTHORISED OFFICER, THE CENTRAL BANK OF INDIA
THE CHIEF OPERATING OFFICER, CENTRAL REGISTRY OF SECURITIZATION
SRI. V. BASAVARAJU
KRISHNA S.DIXIT
As recorded by the court registry
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