Petitioner sought to withdraw a writ petition challenging possession notice under SARFAESI Act after belated compliance. Petitioner was granted leave to withdraw. Petition dismissed as withdrawn.
Petition dismissed as withdrawn. Liberty granted in interest of justice and equity.
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NC: 2023:KHC:39641 WP No. 49162 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.49162 OF 2017 (GM-RES)
BETWEEN:
MR. RAMESH .P S/O. MR. PUTTASWAMY GOWDA, AGED ABOUT 45 YEARS, NO.1/1, SRI DATTA NILAYA 11TH MAIN 1ST CROSS CHANNINGAPPA LAYOUT, KAMAKSHIPALYA, BENGALURU – 560 079. ... PETITIONER
(BY SRI KAVITHA D., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SRI M. VISVESWARAYA CO-OP. BANK LTD., CORPORATE OFFICE, II FLOOR, NO.109, SHANKARMUTT ROAD, SHANKARAPURAM, BENGALURU – 560 004. REP. BY ITS AUTHORISED OFFICER. ... RESPONDENT
(BY SRI LOKESH K.V., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE POSSESSION NOTICE DATED 11.10.2017 ISSUED U/S.13(4) OF SARFAESI ACT, 2002 BY RESPONDENT VIDE ANNEXURE-F; DIRECT THE RESPONDENT TO SUBMIT THE DOCUMENTS AS SOUGHT FOR IN THE REPRESENTATION DATED 06.01.2016 VIDE ANNEXURE-F; DIRECT THE RESPONDENT TO REVERSE THE EXCESS INTEREST AMOUNT CHARGES AND OTHER ILLEGAL DEBITED TO THE LOAN ACCOUNTS OF PETITIONER AND COMMUNICATE HIM FORTHWITH.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:39641 WP No. 49162 of 2017
ORDER
Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the petition. The memo reads as under:
“The Petitioner above named humbly submits that, in spite of belated compliance of the conditional Interim Order dated 03.11.2017 passed by this Hon'ble Court in the above case, the Respondent has claimed to have issued 2nd Notice dated 18.05.2022 followed by impugned 2nd Possession Notice dated 22.07.2022 under the provisions of SARFAESI Act, 2002. Thus, it is just and necessary to withdraw the above case since the same is infructuos. Hence the Petitioner humbly prays that this Hon'ble Court may be pleased to permit him to withdraw the above case with liberty in the interest of justice and equity.”
3. Petition is dismissed as withdrawn.
Sd/JUDGE
S*
2 provisions across 2 enactments
Mr. Ramesh P
Sri M. Visveswaraya Co-Op. Bank Ltd.
M. Nagaprasanna
As recorded by the court registry
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