Borrowers challenged a bank's possession notice under Article 226. On the petitioners' memo noting a pending application before the Debt Recovery Tribunal, the High Court disposed of the writ petition as withdrawn with liberty to urge contentions before the tribunal.
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.
NC: 2024:KHC:12660 WP No. 2099 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2099 OF 2024 (GM-RES)
BETWEEN:
BOTH ARE R/AT NO. 40 2ND MAIN, KARNATAKA LAYOUT BASAVESHWARA NAGAR, 2ND STAGE BENGALURU – 560 079.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. RAVISHANKAR S., ADVOCATE)
AND:
SME PEENYA BRANCH 13TH CROSS, 2ND STAGE PEENYA INDUSTRIAL AREA BENGALURU – 560 058 REPRESENTED BY ITS MANAGER.
…RESPONDENTS
(BY SRI. VIGNESH SHETTY., ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE ISSUED BY THE R1 VIDE ANNEXURE-T, DATED 16/12/2023 BY ALLOWING THE ABOVE WP.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners files a memo seeking
permission to withdraw the petition.
“The petitioners submit that in view of the filing of application before the Debt Recovery Tribunal in S.A.No.79 of 2024 above writ petition may be dismissed as withdrawn with liberty to urge all the contention taken in this petition before the tribunal in the interest of justice and equity.”
In terms of the memo, the writ petition is disposed as
withdrawn.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 0 CT:SS
1 provisions across 1 enactments
Sri. D.S.Prasanna Kumar
Smt. B.S.Meghana
M/s. Kal Engineering Proprietorship
Canara Bank, SME Peenya Branch
SLN, CNC Tech Private Ltd.
Lakshmi Industries
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
