A writ petition challenging recovery proceedings and a sale notice under the SARFAESI Act was withdrawn by the petitioner upon settling the loan and obtaining a No Objection Certificate from the bank.
Withdrawal of the Writ Petition allowed; petition disposed of as withdrawn.
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NC: 2023:KHC:43723 WP No. 6794 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6794 OF 2023 (GM-RES)
BETWEEN:
M/S. SRI. JAI HANUMAN TRADERS, (A PROPRIETORSHIP FIRM), NAGASANDRA, YEDIYUR HO, KUNIGAL TQ, TUMKUR - 572 130.
REPRESENTED BY ITS PROPRIETOR, MR. ANANDA H. N, S/O MR. NANJEGOWDA H.G, AGED ABOUT 34 YEARS.
…PETITIONER
(BY SMT. KAVITHA D, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
M/S CANARA BANK, (REGISTERED UNDER SECTION 9 (3) (B) OF THE BANKING COMPANIES ACT, 1970/1980), NADEMAVINAPURA, KHATH NO.43/2910, KUNIGAL TALUK, TUMKUR DISTRICT, KARNATAKA - 572 130, IFSC CODE: CNRB00004459, REPRESENTED BY ITS AUTHORIZED OFFICER.
…RESPONDENT
(BY SRI. SOHANI A. HOLLA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE SALE NOTICE DATED 02.03.2023 VIDE ANNX-C ISSUED BY THE RESPONDENT BANK AND STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT 2002 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed a memo, which reads as follows:
"MEMO FOR WITHDRAWAL
The counsel for the Petitioners most respectfully submit as under:
The loan Account in the above said Writ petition has been settled out of the court under OTS settlement dated 16-6-2023, and the petitioner herein has clear the entire loan amount and the Respondent bank had given NOC. Hence, I may be permitted to withdraw the above case as per the as mentioned above, in the interest of justice and equity."
2. The memo depicts that the petitioner has cleared
the entire loan to its last pie. What remains is furnishing of original documents that are with the hands of the Bank.
NC: 2023:KHC:43723 WP No. 6794 of 2023
Bank submits that the same would be considered and delivered within a week.
With the aforesaid observation, the petition stands disposed as withdrawn.
Sd/JUDGE
JY List No.: 1 Sl No.: 5 CT: BHK
1 provisions across 1 enactments
M/S. SRI. JAI HANUMAN TRADERS
M/S CANARA BANK
M. Nagaprashna
As recorded by the court registry
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