This writ petition filing challenging a Debt Recovery Tribunal order was disposed of as the respondent filed a memo rendering the petition infructuous while the petitioner remained absent on the last date of hearing.
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 12TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4383 OF 2023 (GM-RES)
BETWEEN:
SHRI AKMAL PASHA S/O MADAR AGED ABOUT 42 YEARS, R/AT NO. 301, 8TH MAIN, 9TH CROSS, BYRASANDRA JAYANAGAR, BENGALURU KARNATAKA - 560 011.
…PETITIONER
(BY SRI. MURALIDHAR S R, ADVOCATE)
AND:
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
HOME FIRST FINANCE COMPANY INDIA LIMITED REGISTERED OFFICE AT: NO. 511, ACME PLAZA ANDHERI KURLA ROAD, ANDHERI EAST MUMBAI – 400 059.
BRANCH OFFICE AT: HOME FIRST FINANCE COMPANY INDIA LIMITED REPRESENTED BY ITS BRANCH MANAGER OFFICE AT NO. 2, 2ND FLOOR, UDBHAVA ARCADE, KHATAHA /SURVEY NO. 1207/2 OPP. KENGERI, UPANAAGARA RAILWAY STATION, BUS STOP, BENGLAURU – 560 060.
…RESPONDENT
(BY SRI. RAWLEY MUDDAPPA I P, ADVOCATE)
NC: 2024:KHC:20873 WP No. 4383 of 2023
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDERS PASSED BY THE PRESIDING OFFICER, DRT-2, BENGALURU VIDE DATED 16/02/2023 ADJOURNING THE MATTER FOR HEARING VIDE I.A. 350/2023 FOR RESTORATION OF POSSESSION TO 07/03/2023 WITHOUT CONSIDERING THE URGENCY OF THE MATTER AS PER ANNEXURE-H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
“a) Issuing writ of certiorari setting aside the orders passed by the Presiding Officer, DRT-2, Bengaluru vide dated 16/02/2023 adjourning the matter for hearing vide I.A.350/2023 for restoration of possession to 07/03/2023 without considering the urgency of the matter as per Annexure-H.
b) Issuing the Direction to the respondent bank to lock open the mortgaged property and restore the actual physical possession of the mortgaged property to the petitioner.
c) Issuing Direction to the respondent bank to pay appropriate compensation to the petitioner for having illegally dispossessed the petitioner from the mortgaged property on 06/02/2023 without authority infringing the fundamental rights under article 21 guaranteed under the constitution, thereby disrespecting the order of stay passed by the Hon’ble Debt Recovery Tribunal-II Bengaluru as per Annexure-C.
d) Any other relief this Hon’ble court feels deem fit in the facts and circumstances of the case.”
NC: 2024:KHC:20873 WP No. 4383 of 2023
counsel for the respondent and perused the material on record.
petitioner was absent and he has chosen to remain absent even today. In the light of the material on record in particular the memo dated 25.07.2023 and the documents produced by the respondent, nothing further survives in the petition and the same is accordingly disposed of.
Sd/JUDGE
DHA List No.: 1 Sl No.: 37
Shri Akmal Pasha S/O Madar
Home First Finance Company India Limited
S.R.Krishna Kumar
As recorded by the court registry
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