Dismissed

Sri C Karna Deva Reddy v. Branch Manager

Karnataka HC17 Dec 2024WP/9720/2024

Case brief

AI extract

What is this about?

This bankruptcy and bank recovery case involves the quashing of a possession notice issued under SARFAESI Act No. 9720 of 2024. The High Court set aside the notice as the respondent bank withdrew it. The court dismissed the petition as infructuous as the impugned order ceased to exist.

What did the court decide?

Impugned possession notice is withdrawn. Petition dismissed as infructuous.

Sri C Karna Deva Reddy Vs Branch Manager — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:52109 WP No. 9720 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 9720 OF 2024 (GM-RES)

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BETWEEN:

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SRI C KARNA DEVA REDDY S/O SRI CHANDRA MOHAN REDDY AGED ABOUT 33 YEARS RESIDING AT REDDY ESTATE ANJANAURA BENGALURU 560 062

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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SMT C DEVASENA REDDY W/O SRI CHANDRA MOHAN REDDY AGED ABOUT 64 YEARS RESIDING AT H NO 892 G FLOOR, 10TH CROSS 23RD MAIN, J P NAGAR BENGALURU 560 062

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SRI CHANDRA MOHAN REDDY AGED ABOUT 70 YEARS RESIDING AT H NO 892 G FLOOR, 10TH CROSS 23RD MAIN, J P NAGAR BENGALURU 560 062

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…PETITIONERS

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(BY SRI. VINUTHA VARUN.,ADVOCATE)

AND:

BRANCH MANAGER

NC: 2024:KHC:52109 WP No. 9720 of 2024

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HDFC BANK LTD JAGALUR MAHALINGAPA TOWER NEAR KSRTC BUS STAND B. D. ROAD CHITRADURGA 577501 ALSO AT SENIOR BRANCH MANAGER HDFC BANK LTD NO 1.1, OLD NO 118 WHITEFILED MAIN ROAD OPP TO RELIANCE FRESH WHITEFIELD, BENGALURU.

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…RESPONDENT

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(BY SRI. NARAYANA SWAMY D.,ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 13/03/2024 ISSUED BY THE RESPONDENT BANK, TO THE PETITIONERS THEREBY DIRECT THE PETITIONERS TO PAY A SUM OF RS. 1,39,35,000.00 (RUPEES ONE CRORE THIRTY NINE LACKS THIRTY FIVE THOUSAND ONLY) PLUS INTEREST THEREON AND HAND OVER THE PEACEFUL POSSESSION OF THE SECURED ASSETS AS DESCRIBED IN THE SCHEDULE ISSUED BY THE RESPONDENT BANK, OF THE PETITIONERS TO VACATE THE LAND WHICH IS MORTGAGED TO THE RESPONDENT BANK WITHIN 7 DAYS FROM THE DATE OF THIS LETTER AND WITH A REQUEST TO CO-OPERATE IN PEACEFUL PHYSICAL POSSESSION OF THE ABOVE SAID PROPERTY, VIDE ANNEXURE-F, G AND H AND ETC.,

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NC: 2024:KHC:52109 WP No. 9720 of 2024

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the possession notice issued under Section13(4) of the SARFAESI Act dated 13.03.2024.

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The respondent-Bank has filed a memo to withdraw the impugned notice.

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3 The respondent-Bank is permitted to withdraw the

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impugned notice.

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In view of the relief sought in this petition does not survive for consideration, the petition stands dismissed as infructuous.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA

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List No.: 1 Sl No.: 127

Sri C Karna Deva Reddy v. Branch Manager

Case brief

What is this about?

What did the court decide?

Sri C Karna Deva Reddy v. Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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