Petitioners challenged a bank's possession notice issued under the SARFAESI Act. After paying the outstanding dues to the bank, they filed a memo seeking withdrawal. The High Court permitted withdrawal and disposed of the petition as withdrawn.
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NC: 2024:KHC:6631 WP No. 6095 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6095 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
S/O. SRI KARUPPANA GOUNDAR, AGED ABOUT 50 YEARS, R/AT NO.14, 2ND CROSS, CHOWDAIAH BLOCK, SIVAN CHETTY GARDENS, R.T.NAGAR, BENGALURU – 560 042.
AND ALSO AT M/S JALSA,
R/AT NO.25, NEXT TO GRAND MALL, OUTER RING ROAD, MARATHALLI, BENGALURU – 560 037 REPRESENTED BY ITS PROPRIETOR, SRI S.J.DORAI SWAMY REDDY.
R/AT NO.6, GANGAJOTHI NILAYAM, MALLIGE THOTTA, CHOLUR PALYA, BENGALURU – 560 026.
S/O SRI GANGADHARA REDDY, AGED ABOUT 35 YEARS, R/AT NO.6, GANGAJOTHI NILAYAM, MALLIGE THOTTA, CHOLUR PALYA, BENGALURU – 560 026.
…PETITIONERS
(BY SRI NAGENDRA KUMAR K., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI H.R.SUNIL KUMAR., ADVOCATE FOR R-1; R-2 AND R-3 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED POSSESSION NOTICE DTD 19.01.2023 UNDER THE SARFESI ACT 2022 ISSUED BY THE RESPONDENT BANK AS PER ANNX-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:6631 WP No. 6095 of 2023
ORDER
Learned counsel for the petitioner files a memo seeking
permission to withdraw the petition, on the score that the outstanding amount has been paid to the bank and has cleared the dues.
“That the petitioner herein prays that this Hon’ble Court may be pleased to permit to withdraw the above writ petition as not pressed. Further, the petitioner bring to the note that petitioner had also paid a sum of Rs.33,00,000/- to the respondent bank i.e., Rs.23,00,000/- on 21/04/2023 and Rs.10,00,000/- on 28/07/2023. the petitioner seeks permission to withdraw the above writ petition in the ends 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withdrawn.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
M/S. Seven Hills Enterprises
Sri K.Mohan
Smt. Tamilarasi
Sri. Kaveen Kumar
Sri. Surya
City Union Bank Limited
M.Nagaprasanna
As recorded by the court registry
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