Borrowers challenged a bank sale notice under Article 226; after clearing entire loan dues and closing the account, they sought withdrawal. The court permitted withdrawal and directed the bank to return original title deeds within one week.
Petition withdrawn; bank directed to return original title deeds within one week.
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NC: 2024:KHC:12786 WP No. 5398 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5398 OF 2024 (GM-RES)
BETWEEN:
BY ITS PROPRIETOR MRS. HEMAVATHI
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
AGED ABOUT 59 YEARS S/O CHALUVAYYA NO.475, RAGHAVENDRA LAYOUT NEAR VENKATESHWARASWAMY TEMPLE VIDYAMANYANAGAR, BENGALURU – 560 091.
…PETITIONERS
(BY SRI. BALASUBRAHMANYA K. M., ADVOCATE)
AND:
M/S. UNION BANK OF INDIA ANDRAHALLI BRANCH 606, SYNDICATE BANK LAYOUT
NC: 2024:KHC:12786 WP No. 5398 of 2024
ANDRAHALLI, BENGALURU – 560 091 BY ITS CHIEF MANAGER CUM AUTHORISED OFFICER.
…RESPONDENT
(BY SRI. VIGNESH SHETTY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE SALE NOTICE DATED 08/02/2024 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-B, IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo seeking permission to withdraw the petition on account of closure of the loan account by paying the entire amount in due on 19.03.2024.
“It is submitted that the petitioners cleared the entire outstanding amount in the loan account and the loan account is closed with the Respondent Bank. The petitioners therefore may be permitted to withdraw the writ petition as dismissed. The respondent may be directed to return the original title deed immediately to the second petitioner.”
The respondent - bank is directed to return the original
title deeds to the concerned petitioner, as the loan is cleared on
NC: 2024:KHC:12786 WP No. 5398 of 2024
19.03.2024, by paying the entire dues, without driving the petitioners again to this Court, within one week from the date of receipt of a copy of the order. As on today, there is no outstanding amount to be paid.
I.A.No.1/2024 stands disposed, as a consequence.
Sd/JUDGE
NVJ List No.: 3 Sl No.: 10 CT:SS
1 issue framed by the court
Whether the writ petition challenging the bank's sale notice should be permitted to be withdrawn after closure of the loan account?
1 provisions across 1 enactments
M/s. Sri Annapoorneshwari Traders
Mrs. Hemavathi
C.Rangaiah
M/s. Union Bank of India, Andrahalli Branch
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
