Dismissed

Mr M Muniswamy v. State Bank of India

Karnataka HC1 Oct 2024WP/3340/2022

Case brief

AI extract

What is this about?

Two writ petitions challenging Debt Recovery Tribunal orders were filed seeking to set aside impugned orders. Upon joint submission that the parties had resolved the dispute amicably by filing a settlement application in the DR Tribunal, the court held the writs infructuous.

What did the court decide?

Writ petitions dismissed as having become infructuous based on the filing of a settlement application in the DR Tribunal.

Mr M Muniswamy Vs State Bank of India — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:40865 WP No. 3340 of 2022 C/W WP No. 544 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3340 OF 2022 (GM-DRT)

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C/W

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WRIT PETITION NO. 544 OF 2022 (GM-DRT) IN WP No.3340/2022

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BETWEEN:

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MR. M. MUNISWAMY AGED 75 YEARS S/O. LATE MUNIVENKATAPPA RESIDING AT BUKKSAGARAM VILLAGE SHOOLAGIRI TALUK, PIN- 635117, TAMIL NADU.

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…PETITIONER

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(BY SRI. KIRAN S.JAVALI, SENIOR COUNSEL FOR SRI. PRAKYATH SHETTY.K, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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STATE BANK OF INDIA INDUSTIRAL FINANCE BRANCH NO.61 RESIDENCY PLAZA RESIDENCY ROAD, BANGALORE -560 025 REPRESENTED BY ITS BRANCH MANAGER.

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M/S. JM FINANCIAL ASSET RECONSTRUCTIONS COMPANY PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.7, CNERGY, APPASAHEB MARTHE MARG PRABHADEVI, MUMBAI- 400 025 REPRESENTED BY ITS MANAGING DIRECTOR.

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NC: 2024:KHC:40865 WP No. 3340 of 2022 C/W WP No. 544 of 2022

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THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL -1 RESIDENCY ROAD, BANGALORE- 560 025

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ABHUDAYA EDUCATIONAL TRUST NO.25 AND 26 CHIKKABELLANDUR, CARMELRAM POST, BANGALORE- 560 035 REP BY ITS MANAGING TRUSTEE.

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…RESPONDENTS

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(BY SRI. NAYANA TARA B.G, ADVOCATE FOR R1; SRI. S.R.TEJAS ADVOCATE FOR R2;

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SRI. RAGHU HULIKAL, ADVOCATE FOR R4; R3-SERVED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.07.2015 IN O.A.NO.138/2013 VIDE ANNX-A AND CONSEQUENTIAL RECOVERY CERTIFICATE NO.11951/2017 DATED 04.05.2017 VIDE ANNX-B IN O.A.NO.138/2013 PASSED BY THE HONBLE DEBT RECOVERY TRIBUNAL-I, BANGALORE, AS BEING VOID ABNITIO AND ETC.,

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IN WP NO. 544/2022

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BETWEEN:

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M/S IND SING DEVELOPERS (P) LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.208, WESTMINSTER, CUNNINGHAM ROAD, BANGALORE - 560 052, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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...PETITIONER

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(BY SRI. KIRAN S.JAVALI, SENIOR COUNSEL FOR SRI.SANTHOSH KUMAR G, ADVOCATE)

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3 - NC: 2024:KHC:40865 WP No. 3340 of 2022 C/W WP No. 544 of 2022

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AND:

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THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL -I, RESIDENCY ROAD, BANGALORE-560025

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M/S. JM FINANCIAL ASSET RECONSTRUCTION COMPANY PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.7, CNERGY, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI-400025 REPRESENTED BY ITS MANAGING DIRECTOR

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ABHYUDAYA EDUCATIONAL TRUST A REGISTERED TRUST HAVING ITS OFFICE, NO.25 AND 26, CHIKKA, BELLANDUR, CARMELRAM, CARMELARAM POST, BANGALORE-560035 REPRESENTED BY ITS MANAGING TRUSTEE AND CHAIRMAN.

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...RESPONDENTS

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(BY SRI. S.R.TEJAS, ADVOCATE FOR R2; SRI. RAGHU HULIKAL, ADVOCATE FOR R3; R1 -SERVED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.07.2015 PASSED IN O.A.NO.138/2013 BY THE HONBLE DRT-1 BANGALORE AS NULL AND VOID AS PER ANNEXURE-A AND ETC.,

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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4 - NC: 2024:KHC:40865 WP No. 3340 of 2022 C/W WP No. 544 of 2022

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ORAL ORDER

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Learned Senior counsel appearing for the petitioner and the learned counsels appearing for the respondent in both matters jointly submits that the matter is resolved amicably and the necessary application under Section 19(20-A) read with Section 22(2)(h) read with Section 19(25) of the Recovery of Debts and Bankruptcy Act, 1993, has been filed before the Debt Recovery Tribunal, Bengaluru in R.C.No.11951/2017. A memo dated 03.09.2024 is filed on behalf of the counsel for respondent No.3 along with a copy of the application and memorandum of settlement that have been arrived at between the parties.

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Learned counsel for both parties submits that the matter may be disposed of as having become infructuous, in view of the application that has been filed before the Debt Recovery Tribunal.

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Submission is taken on record.

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NC: 2024:KHC:40865 WP No. 3340 of 2022 C/W WP No. 544 of 2022

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Hence, these writ petitions are dismissed as

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having become infructuous .

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SD/(M.G.S. KAMAL) JUDGE

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PK List No.: 1 Sl No.: 2

Mr M Muniswamy v. State Bank of India

Case brief

What is this about?

What did the court decide?

Mr M Muniswamy v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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