A writ petition filed against the Canara Bank regarding SARFAESI Act measures was disposed of as withdrawn by the petitioner following a memo of prayer to challenge proceedings before the Debt Recovery Tribunal.
Permission to withdraw the petition was granted.
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:46383 WP No. 14603 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14603 OF 2023 (GM-RES)
BETWEEN:
M/S. ATHARVA STONE RESOURCES LLP NO. 223, G.R.ARCHADE 4TH FLOOR, 14TH CROSS MALLESHWARAM BENGALURU – 560 003 REPRESENTED BY ITS PARTNER AND AUTHORIZED SIGNATORY SRI. BANAVADI RAJASHEKARAIAH SHIVAKUMAR
…PETITIONER
(BY SRI. M.A.RAJENDRA, ADVOCATE)
AND:
NC: 2023:KHC:46383 WP No. 14603 of 2023
III BLOCK, 10TH MAIN ROAD RAJAJINAGAR
BENGALURU – 560 010.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD 25.4.2023 BEARING REF NO.MSCR.ATHARVA.BKP AT ANNX-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioner has moved a memo
seeking permission to withdraw the petition.
2. The memo reads as follows:
“It is respectfully submitted that in view of Respondent Bank are conducting the “Auction of the Schedule property”, as the Petitioners did not comply the “Interim Order” granted by this Hon’ble Court, while challenging the measures initiated u/s 13(4) of the Act, in particular issuance of possession notice dated 03.07.2023, the Petitioners prays to permit them to challenge the entire measures initiated by the Respondent Bank under SARFAESI ACT, 2002, including the very classification of the account as “Non-Performing Assests” as on 30.06.2022, besides all further proceedings, before the alternate forum i.e., The Debt Recovery Tribunal, Bengaluru.
Further, it is respectfully submitted/prayed that the Time spent, in this proceedings challenging the measures initiated u/s 13(4) of the Act, i.e., possession notice dated 03.07.2023, may please be taken on record, while challenging the said measures before the Hon’ble Tribunal, besides, non-compliance of the “Interim order” may not come in their way of challenging the said measures, as the very classification of their account is itself is in contrary to RBI guidelines as well Section 2(o) of the SARFAESI ACT, 2002.
Wherefore, the petitioners, respectfully prays to pass appropriate orders, to withdraw and permit them to challenge before the Hon’ble Debt Recovery Tribunal, Bengaluru, keeping open all the contentions raised in this petition and also save the Limitation and by waiving/ modifying the Interim order granted as on 12th July, 2023, in the interest of justice and equity.”
The memo is placed on record. The petition is disposed
as withdrawn in terms of the memo.
Sd/JUDGE
NVJ
List No.: 4 Sl No.: 2 CT:SS
1 issue framed by the court
Whether to grant permission to withdraw the writ petition filed under Articles 226 and 227 of the Constitution of India.
5 provisions across 2 enactments
M/s. Atharva Stone Resources LLP
The General Manager, Canara Bank
The Deputy General Manager, Canara Bank
The Senior Manager, Canara Bank
The Chief Manager, Canara Bank
M. Nagaprasanna
As recorded by the court registry
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