Petitioner, through counsel, sought leave to withdraw the writ petition challenging bank recovery measures under the SARFAESI Act with liberty to approach the DRT. Court granted leave to withdraw and extended interim order for 15 days.
Leave granted to withdraw writ petition; interim order continued for 15 days; I.A.No.1/2020 closed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.9163 OF 2020 (GM-RES)
BETWEEN:
SRI. B. THIPPESWAMY, S/O SRI. BIMAPPA, AGED ABOUT 52 YEARS, R/A DODDA ULLUPATHY, CHALLAKERE, CHITRADURGA DISTRICT – 577 501.
ALSO AT PARVATHI NAGAR, BALLARI DISTRICT – 583 101.
...PETITIONER
(BY SRI. V. MOHAN, ADVOCATE)
AND:
2
MEENAKSHI TRAVELS, SHOP No.3, JANATKAL COMPLEXL, OPP TO OLD BUS STOP, BALLARI – 583 101. KARNATAKA.
…RESPONDENTS
(BY SRI. B.N. TULSI KUMAR, ADVOCATE FOR R1; R-2 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE R-1 BANKS RECOVERY MEASURES U/S.13 OF SARFAESI ACT IN POSSESSION NOTICE DTD.20.1.2020 IN ANENXURE-A AND DEMAND NOTICE DTD.11.9.2019 IN ANENXURE-B IN RESPECT OF SECURED MOVABLE ASSETS/BUSES IN THE INTEREST OF JUSTICE AS THE SAME ARE ISSUED WITHOUT DETERMINATION OF PETITIONERS LEASE AGREEMENT WITHOUT JURISDICTION AND WITHOUT PROVISION OF LAW AND AGAINST NATURAL JUSTICE
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned counsel for the petitioner filed a memo seeking leave of the Court to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal, Bengaluru.
3
3. Accordingly, writ petition is dismissed as
withdrawn with aforesaid liberty.
However, this Court vide order dated 14.08.2020 granted an interim order and the same is in force till today. The said interim order is continued for a period of 15 days from today to enable the petitioner to approach the Debts Recovery Tribunal, Bengaluru.
In view of dismissal of petition, I.A.No.1/2020 does not survive for consideration.
SD/JUDGE
GRD
2 issues framed by the court
Whether the writ petition seeking quashing of bank recovery measures under S.13 of SARFAESI Act should be allowed after withdrawal.
Whether an interim order granted previously should be extended pending approach to the Debts Recovery Tribunal.
2 provisions across 2 enactments
SRI. B. THIPPESWAMY
STATE BANK OF INDIA AUTHORISED OFFICER
SRI. RAMPRAKASH REDDY
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
