Petitioners sought to quash a Magistrate's order under Section 14 of the SARFAESI Act permitting the bank to take possession. Counsel filed a memo for withdrawal stating the bank had already sold the property in public auction, making the matter infructuous; the court took the memo on record.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8005 OF 2017 (GM-RES)
BETWEEN:
BOTH ARE R/A FLAT NO.202, II FLOOR SUMO KRUPAS SAGA ELITE SAGA ELITE APARTMENTS NO.40/5, 39TH CROSS, 8TH BLOCK JAYANAGAR, BANGALORE-560082.
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. BHANU PRADEEP, ADVOCATE FOR SMT. JAYASHREE NARASIMHAN.,ADVOCATE)
AND:
INDIAN OVERSEAS BANK, A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970, HAVING ITS CENTRAL OFFICE AT NO.763 ANNA SALAI, CHENNAI AND ONE OF ITS BRANCH OFFICES AT JAYANAGAR VII BLOCK BRANCH NO.253, KANAKAPURA MAIN ROAD
NC: 2024:KHC:32413 WP No. 8005 of 2017
BANGALORE-560070 REPRESENTED BY ITS MANAGER.
…RESPONDENT
(BY SRI. R GOPALA KRISHNAN.,ADVOCATE)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO CALL FOR THE RECORDS IN CRIMINAL MISC PETITON NO.777/2017 [ANENXURE-N] FILED UNDER SECTIN 14 OF THE SARFAESI ACT, ON THE FILE OF THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE; SET ASIDE THE ORDER DATED 6.2.2017 [ANENXURE-P] PASSED IN CRIMINAL MISC PETITON NO.777/2017 [ANENXURE-N] FILED UNDER SECTIN 14 OF THE SARFAESI ACT, ON THE FILE OF THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE AND TI STAY ALL FURTHER PROCEEIDNGS BY ALLOWING THIS W.P.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
A memo dated 03.01.2020 is filed which reads as follows:
"Memo for withdrawal
The undersigned counsel herewith submits that the present matter has become infructuous as the Respondent has already sold the property involved in a Public Auction. In view of the same the Petitioners herein wishes to withdraw the present matter. Wherefore, it is most humbly prayed that this Hon'ble
NC: 2024:KHC:32413 WP No. 8005 of 2017
Court may be pleased to dismiss the present Writ Petition as withdrawn, in the interest of justice and equity."
None appears for the petitioner.
Memo is taken on record.
In view of the memo filed, the petition is dismissed as
withdrawn.
Sd/(M.G.S. KAMAL) JUDGE
SA ct:sr
1 issue framed by the court
Should the writ petition challenging the Magistrate's Section 14 SARFAESI order be dismissed as withdrawn after the property was sold in public auction?
2 provisions across 2 enactments
Suchitra T Murali
T A Murali Krishna
Indian Overseas Bank
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
