This order addresses a writ petition challenging a DRT order. The court disposed of the matter based on a joint memorandum indicating the parties amicably resolved the dispute out of court.
The writ petition is disposed of and costs made easy after recording the out-of-court settlement.
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.
NC: 2023:KHC:22840 WP No. 1114 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO.1114 OF 2021 (GM-DRT)
BETWEEN:
SRI NITESH SHETTY AGED ABOUT 42 YEARS S/O P. V. SHETTY NO.6A, NITESH MAYFAIR KASTURBA ROAD CROSS BENGALURU-560 001.
…PETITIONER
(BY SRI SIDDHARTH SUMAN, ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
(BY SRI MAHENDRA B. S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29-12-2020 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II BENGALURU, IN S.A.108/2019 VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND UNJUST, AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Both the parties have submitted a Joint
Memorandum dated 13-6-2023 which reads as under, with a request to dispose off the writ petition in terms thereof:
“ JOINT MEMORANDUM
1. It is submitted that the present Writ petition was filed on 16.01.2021, against the order dated 29.12.2020, passed by the Debts Recovery Tribunal - II, Bengaluru, in S.A.100/2019.
2. Now, the Petitioner and the Respondents jointly submit that during the pendency of the above proceedings, they have amicably resolved the subject issue pertaining to Flat No.A-04, "Nitesh Buckingham Gate" situated at III Floor, Block-A, Lavelle Road, Bengaluru, out of Court and the Respondent Bank has issued a 'Release Letter' dated 26.05.2023, accordingly. (Copy of the said 'Release Letter' dated 26.05.2023, is annexed herewith for the kind perusal of the Hon'ble Court).
WHEREFORE , most respectfully, it is prayed that this Hon'ble Court be pleased to take this Joint Memo on record and dismiss the present Writ Petition as having been settled out of Court."
In view of the above, the writ petition is disposed
off, costs having been made easy.
Sd/JUDGE
KVK List No.: 1 Sl No.: 3
2 issues framed by the court
Whether the writ petition challenging the Debt Recovery Tribunal order be dismissed in view of out-of-court settlement.
Whether the High Court should accept the Joint Memorandum requesting disposal of the matter on account of compromise.
1 provisions across 1 enactments
SRI NITESH SHETTY
HOUSING DEVELOPMENT FINANCE CORPORATION LTD.
THE AUTHORISED OFFICER HOUSING DEVELOPMENT FINANCE CORPORATION LTD.
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
