Disposed

M/S Billionsmiles Hospitality Pvt. Ltd. v. the Manager

Karnataka HC12 Jan 2023WP/152/2023

Case brief

AI extract

What is this about?

Petitioners, facing SARFAESI proceedings against them for a sticky loan, approached the High Court under Article 226 directing the respondent bank to expeditiously consider a representation dated 26.12.2022 submitted by them, seeking a stay or modification of proceedings.

What did the court decide?

Direction to the respondent bank to consider the petitioners' representation dated 26.12.2022 as expeditiously as possible, within two weeks.

M/S Billionsmiles Hospitality Pvt. Ltd. Vs the Manager — Company and Corporate | Karnataka HC (2023)

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WP No. 152 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 152 OF 2023 (GM-RES)

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BETWEEN:

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M/S. BILLIONSMILES HOSPITALITY PVT. LTD., REPRESENTED BY ITS DIRECTORS, CRIMSON COURT, 3^RD FLOOR, BUILDING NO.4, JEEVANBIMA NAGAR MAIN ROAD, HAL 3^RD STAGE, 10^TH MAIN, BANGALORE – 560 075. REGISTERED UNDER BY COMPANIES ACT, 1956.

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MR. VENKATA RAJENDRAN REGUNATHAN, S/O LATE SRI. RAGHUNATHAN P., AGED 70 YEARS, DIRECTOR, M/S BILLIONSMILES HOSPITALITY PVT. LTD., CRIMSON COURT, 3^RD FLOOR, BUILDING NO.4, JEEVANBIMA NAGAR MAIN ROAD, HAL 3^RD STAGE, 10^TH MAIN, BANGALORE – 560 075.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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MR. VIJAY ABHIMANYU RAJENDRAN, S/O SRI. VENKATA RAJENDRAN REGUNATHAN, AGED 70 YEARS, DIRECTOR, M/S BILLIONSMILES HOSPITALITY PVT. LTD., CRIMSON COURT, 3^RD FLOOR,

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WP No. 152 of 2023

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BUILDING NO.4, JEEVANBIMA NAGAR MAIN ROAD, HAL 3^RD STAGE, 10^TH MAIN, BANGALORE – 560 075.

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…PETITIONERS

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(BY SMT. SANDHYA U PRABHU., ADVOCATE)

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AND:

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THE MANAGER, AUTHORISED OFFICER, DEUTSCHE BANK AG, RAHEJA TOWERS, 26-27, M G ROAD, BANGALORE – 560 001.

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…RESPONDENT

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(BY SRI.MAHABALESHWAR G.C., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 26.12.2022 TO THE RESPONDENT PRODUCED AT ANNEXURE – F AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking the following

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prayer:

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a) Issue a writ of mandamus directing the respondent to consider the representation dated 26/12/2022 to the respondent produced at Annexure-F.

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WP No. 152 of 2023

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b) Grant any Such further and other reliefs as this Hon'ble court may consider fit and proper in the facts and circumstances of the case; in the interest of justice, equity and law.

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Heard Smt. Sandhya U. Prabhu, learned counsel

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appearing for the petitioners, Sri.Mahabaleshwar G.C., learned counsel appearing for the respondent and have perused the material on record.

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The petitioners availed a loan of Rs.17,50,00,000/from the respondent - Bank and the loan becoming sticky, the proceedings are instituted by the Bank under the SARFAESI Act, 2002 ('Act' for short) by issuance of a notice under Section 13(2) of the Act. In the interregnum, prior to the notice resulting in an order under Section 13(4) of the Act, the petitioners have submitted a representation to the Bank on 26.12.2022.

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Learned counsel appearing for the petitioners submits that the representation is submitted on the ground that the petitioners have found a buyer. Therefore, seeks a direction at the hands of this Court to consider their representation.

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WP No. 152 of 2023

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Learned counsel appearing for the respondent Bank

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would submit that the representation would be considered strictly in consonance with law and appropriate orders would be passed. The said submission is placed on record.

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Therefore, it would suffice if the petition is disposed with a direction to consider the representation of the petitioners dated 26.12.2022, as expeditiously as possible, at any rate, within 2 weeks from the date of receipt of a copy of this order.

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With the aforesaid observations, the petition stands disposed.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 20

M/S Billionsmiles Hospitality Pvt. Ltd. v. the Manager

Case brief

What is this about?

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M/S Billionsmiles Hospitality Pvt. Ltd. v. the Manager

Case brief

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