A writ petition filed to quash a possession notice under the SARFAESI Act was dismissed for non-prosecution after the petitioners failed to appear or make representations on multiple listing dates.
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NC: 2024:KHC:33534 WP No. 314 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 314 OF 2019 (GM-RES)
BETWEEN:
ANEKAL TALUK, BANGALORE.
Digitally signed by SUMA B N Location: High Court of Karnataka
AGED ABOUT 37 YEARS, NO. FLAT NO. 2019, MAYUR DAFFODILS, S. MEDAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE.
SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE.
NC: 2024:KHC:33534 WP No. 314 of 2019
ALL REPRESENTED THROUGH AUTHORISED SIGNATORY MR. P. H. RAMESH, S/O. P. H. HENJERAPPA, HAVING HIS ADDRESS AT
NC: 2024:KHC:33534 WP No. 314 of 2019
NO.55, 5TH CROSS, MARUTHI NAGAR, KAMAKSHIPALYA, BANGALORE.
…PETITIONERS
(BY SRI. ANITHA P., ADVOCATE (ABSENT))
AND:
THE BRANCH MANAGER, KORAMANGALA BRANCH, HAVING ADDRESS AT NO. 149/2, HOSUR ROAD, BANGALORE.
A REGISTERED PARTNERSHIP FIRM NO. 87, 27TH MAIN, 1ST SECTOR, OPP. POLICE STATION, HSR LAYOUT, BANGALORE-560 102, REPRESENTED BY ITS MANAGING PARTNERS, MR. SAYAD KHADER BASHA, MR. P. SIVA KUMAR.
…RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH POSSESSION NOTICE DATED 01.10.2018 [ANNEXURE-D1] AND DIRECT R-1 BANK NOT TO TAKE PHYSICAL POSSESISON OF THE IMMOVABLE PROPERTIES OF THE PETITIONERS SET OUT IN ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
NC: 2024:KHC:33534 WP No. 314 of 2019
ORAL ORDER
On 09.08.2024, this Court passed the following
order:
"Petition is filed seeking the relief in view of the initiation of the proceedings by the respondentBank under the provisions of SARFAESI Act, 2002.
This Court by interim order dated 18.01.2019 had directed the respondent No.1Bank not to disturb the actual possession and enjoyment of the residential apartment occupied by the petitioners for a period of four weeks. The said order was extended until disposal of the petition by the order dated 10.10.2022.
There has been no representation by the petitioners thereafter when the matter was posted on 12.04.2023, 14.06.2024 and even on this day. In the interest of justice, list this matter on 21.08.2024 for further orders, making it clear that if there is no representation on the said day appropriate orders including dismissal of the petition for non prosecution will be passed."
2. Even today, there is no representation on behalf
of the petitioner.
non-prosecution.
Sd/(M.G.S. KAMAL) JUDGE
MCR
Mr. Basenapalli Prasad and others
UCO Bank
M/s. Mayur Daffodils
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
