Writ petition seeking quashing of recovery proceedings dismissed as infructuous on the petitioner's submission that the loan account had been fully paid and acknowledged by the respondents.
Petition dismissed as having become infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4992 OF 2022 (CS-RES)
BETWEEN:
2ND CROSS ROAD, BAGEGOWDA LAYOUT, 21 BMTC DEPOT, BACKSIDE, CHANNASANDRA, RR NAGAR, BENGALURU 560098. PROPRIETOR OF VATSALA CONSTRUCTIONS, SENIOR CITIZEN BENEFIT NOT CLAIMED.
…PETITIONER
(BY SRI. KUMAR M N,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. KAVITHA H.C., HCGP FOR R1;
SRI. GURURAJ KULKARNI, ADVOCATE FOR R2)
THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT AND PUBLIC NOTICE FOR SALE THROUGH PUBLIC AUCTION OF THE MORTGAGED IMMOVABLE PROPERTIES DATED 28.01.2022 ISSUED FOR RECOVERY OF ALLEGED AMOUNT OF RS.4,50,49,737/IN RESPECT OF LOAN ACCOUNT NOS.IPCON1/2907, MLREP1-4901 AND SCC-6, SUBJECT MATTERS OF DISPUTE VIDE ANNEXURES-G AND H RESPECTIVELY ISSUED BY R1 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner files a memo dated 05.09.2022 along with annexures praying for permission to dismiss the petition as infructuous. The said memo reads as under:
" Petitioner most respectfully submits that Petitioner has paid the entire amount due to the Respondent No.2, which has acknowledged and issued letters dated 16/06/2022 and 29/06/2022 stating that there is no direct or indirect liabilities to the said Bank and also executed a Mortgage Discharge Receipt. Copies of the said letters are annexed to this Memo.
Wherefore, Petitioner most respectfully prays that this Hon'ble Court be pleased to dispose the writ petition as infructuous in the interest of Justice and equity"
The memo is placed on record and the petition is dismissed
as having become infructuous.
Sd/JUDGE
RB
H S VISHWANATHA
THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY (NI-441)
THE CHIEF EXECUTIVE OFFICER SRI. M VISVESVARAYA CO OPERATIVE BANK LTD
S.R.KRISHNA KUMAR
As recorded by the court registry
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