In WP No. 16888 of 2021, the petitioner challenged a possession notice under the Securitisation Act. Counsel submitted that all outstanding dues were paid, rendering the petition infructuous. The High Court accepted the memo and dismissed the petition as withdrawn.
Petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K V ARAVIND WRIT PETITION NO. 16888 OF 2021 (GM-RES)
BETWEEN:
SRI SANATH SEMITHA M., S/O. SHANKAR SEMITHA PROPRIETOR M/S. GIRI LODGE AGED ABOUT 52 YEARS, INDIRA GANDHI ROAD, CHIKKAMAGALURU - 577 101.
…PETITIONER
(BY SRI S.R. HEGDE HUDLAMANE., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI RUKKOJI RAO., ADVOCATE FOR R1 & R2 R3 IS DELETED V/O.17/09/2021)
NC: 2024:KHC:36566 WP No. 16888 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO QUASH THE IMPUGNED ORDER PASSED BY THE R-1 WHICH IS A POSSESSION NOTICE UNDER SECTION 13(12) R/W RULE 3 OF SECURITY INTEREST (ENFORCEMENT RULES) 2002 DTD.24.2.2021 AND SUBSEQUENTLY SERVING THE SAME ON THE DOOR ON 12.8.2021 OF THE PETITIONERS BUILDING AS PER ANNEXURE-D ISSUED UNDER SECURITIZATION ACT AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
Learned counsel for the petitioner files a memo dated
09.09.2024.
2. Memo reads as under;
" In the above writ petition the Petitioner has paid all the outstanding dues to the Respondent Bank, hence nothing survives for consideration, accordingly the above writ petition may kindly be disposed off as infructuous to secure the ends of justice and equity."
withdrawn.
Sd/(K V ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 56
1 issue framed by the court
Whether the writ petition should be disposed of as infructuous since outstanding dues have been paid to the respondent bank.
4 provisions across 2 enactments
Sri Sanath Semitha M.
Recovery Officer/Authorized Officer Canara Bank
Canara Bank Main Branch
The Governor Reserve Bank of India
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
