This writ petition was disposed of by the High Court of Karnataka as infructuous after the petitioner filed a memo stating that the underlying matter had been transferred by the Debt Recovery Appellate Tribunal, rendering the challenge no longer viable.
Petition disposed of as having become infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9180 OF 2023 (GM-DRT)
BETWEEN:
STATE BANK OF INDIA SAM BRANCH REP. BY ITS AUTHORIZED OFFICER 2ND FLOOR, OFFICE COMPLEX BUILDING SBI LHO COMPOUND, NO. 65 ST.MARKS ROAD, BENGALURU -560 001. ASSISTANT GENERAL MANAGER.
…PETITIONER
(BY SRI. K.N.PHANINDRA, SENIOR ADVOCATE A/W., SRI. PATIL VEERENDRA, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
M/S. SAI GANAPATH HOTEL PVT. LTD., REPRESENTED BY ITS DIRECTOR SRI. A.C.THYAGARAJU S/O LATE A.R.CHANGAM RAJU AGED ABOUT 57 YEARS R/AT NO. 21/16, RESIDENCY ROAD NAZARABAD MOHALLA MYSORE - 570 002. REGISTERED UNDER REGISTRAR OF COMPANIES (ROC)
…RESPONDENT
(BY SRI. R.ASHOK KUMAR, ADVOCATE FOR C/R)
NC: 2023:KHC:44725 WP No. 9180 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 11.04.2023 VIDE ANNX-A PASSED ON IA NO. 757/2023 IN SA NO. 96/2023 PASSED BY THE DEBTS RECOVERY TRIBUNAL II KARNATAKA AND ALL FURTHER PROCEEDINGS THERETO.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioner has filed a memo seeking leave of this Court to dispose the petition as having become infructuous.
“It is submitted that the petitioner had filed MA(SA)17/2023(T) before the debt Recovery Appellate Tribunal Chennai for transfer of SA No.96/2023 from DRT 2 Bangalore. The Appellate Tribunal passed an order withdrawing the above SA and transferred the same to DRT1 Bangalore by the order dated 13.09.2023. The copy of the said order is herewith furnished. Consequently the matter is transferred to DRT1 Bangalore and the interim order is vacated by the order dated 16.10.2023.
In view of the said facts the above writ petition has become infructuous. Therefore, it is humbly prayed that this Hon’ble Court may kindly be pleased to dispose off the above Writ Petition as infructuous, in the interest of justice and equity.”
NC: 2023:KHC:44725 WP No. 9180 of 2023
In view of the memo filed, petition is disposed as having
become infructuous.
Sd/JUDGE
BKP List No.: 3 Sl No.: 8 CT:SS
1 provisions across 1 enactments
State Bank of India Sam Branch
M/S. Sai Ganapath Hotel Pvt. Ltd.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
