Dismissed

Vishwanath Thulasiram v. the Authorized Officer

Karnataka HC31 Oct 2023WP/23949/2023

Case brief

AI extract

What is this about?

The High Court at Bengaluru disposed of a writ petition filed by a borrower challenging a sale notice and seeking regularisation of a loan account. The court dismissed the petition as withdrawn and refused to grant liberty to file a fresh petition on the same cause of action.

What did the court decide?

The writ petition stands disposed of as withdrawn; liberty to file on same cause of action was denied.

Vishwanath Thulasiram Vs the Authorized Officer — Company and Corporate | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:38618 WP No. 23949 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 31^ST DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶6

WRIT PETITION NO. 23949 OF 2023 (GM-RES)

¶7

BETWEEN:

¶8

VISHWANATH THULASIRAM S/O LATE SHRI. VISHWANATH AGED ABOUT 50 YEARS R/AT NO. 3208, 6TH C MAIN ROAD, 13TH CROSS ROAD, HAL 2ND STAGE, INDIRANAAR BANGALORE - 560 038 HAVING OFFICE AT: NO. 3208 6TH C MAIN ROAD, 13TH CROSS ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE 560 038

¶9

…PETITIONER

¶10

Digitally signed by PADMAVATHI B K

¶11

Location: HIGH COURT OF KARNATAKA

¶12

(BY SRI. MOHAN KUMAR G., ADVOCATE) AND:

¶13

THE AUTHORIZED OFFICER INDOSTAR CAPITAL FINANCE LTD NON-BANKING FINANCE COMPANY (NBFC) REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS LOCAL OFFICE AT:NO.13, CRN CHAMBERS, 4TH FLOOR, KASTURBA RAOD, BANGAORE - 560 001

¶14

…RESPONDENT

¶15

(BY SRI. JAI M. PATIL, ADV. FOR C/R)

¶16

¶17

NC: 2023:KHC:38618 WP No. 23949 of 2023

¶18

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED SALE NOTICE DTD.15.08.2023 (UNDER ANNX-E TO THE WRIT PETITION) BEARING NO. NIL ISSUED BY THE RESPONDENT IN THE NEW INDIAN EXPRESS NEWSPAPER, BANGALORE AND ETC.

¶19

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

¶20

ORDER

¶21

The petitioner is before the Court seeking the following prayer:

¶22

i) Issue a writ of certiorari and quash/set aside the impugned Sale Notice dated 15-08-2023 (under ANNEXURE-E to the writ petition) bearing no. Nil issued by the respondent in the New Indian Express Newspaper, Bangalore.

¶23

ii) Direct the respondent to accept payment towards EMIs made by the petitioner and regularize the loan account no.LSBGL02917180002310 by issue of a writ in the nature of mandamus vide

¶24

Ann-E.

¶25

iii) To pass such other order/s as this Hon’ble Court deems fit under the facts and circumstances of the case.”

¶26

The petitioner was before this Court seeking the

¶27

very prayer in WP.No.21762/2023, which is dismissed as

¶28

3 - NC: 2023:KHC:38618 WP No. 23949 of 2023

¶29

withdrawn. The dismissal is an account of a memo being filed by the petitioner. The memo reads as following:

¶30

“ MEMO

¶31

Counsel for Petitioner hereby seeks the permission of the court to withdraw the above said case and also pray this Hon’ble Court to take the said memo on record and dispose off the above said case as WITHDRAWN, in the interest of Justice and Equity.”

¶32

No liberty was sought by the petitioner while filing the memo to file another petition on the same cause of action. As a matter of fact, this is the third petition on the same cause of action and not the second. Therefore, no indulgence can be shown to the petitioner. The petitioner is however reserved liberty to avail of such remedy as is available in law before the appropriate forum in the appropriate proceedings.

¶33

Accordingly, the writ petition stands disposed.

¶34

Sd/JUDGE

¶35

Vishwanath Thulasiram v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Vishwanath Thulasiram v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pavan Kumar Mamadapur Vs Bangalore Water Supply

M/S Kushal Properties Vs Bangalore Water Supply and Sewerage Board

Sri S Ramesh Vs Sri Subramanyeswara Co. Operative Bank Limited

H. J. Ramu Vs Smt. Radha @ Lakshmi

M/S Gvr Constructions Vs Union Bank of India

M/S. Moulya Recreation Club Vs the State of Karnataka