Ganesh v. Vs Syndicate Bank

Karnataka HC6 Jan 2025WP/1061/2019

Case brief

AI extract

What is this about?

WP 1061/2019 (GM-DRT), Karnataka HC Division Bench (Krishna S Dixit & G Basavaraja, JJ.), 06.01.2025: writ petition under Articles 226 and 227 of the Constitution against DRAT Chennai order in R.A.No.85/2011 dt.27.11.2018 (respondents: Syndicate Bank, M/s Shine Trading Corporation, Smt. Anna Mary, P. Padmanabhan, I. Anthony Raj, G. Mohan); petitioner Ganesh V died 7.2.2024, legal representatives not brought on record within prescribed 90-day period; petition disposed of as statutorily abated; no costs; merits not decided; no precedents cited.

What did the court decide?

Since the petitioner died on 7.2.2024 and his legal representatives were not brought on record within the prescribed period of 90 days, the writ petition is disposed of as having statutorily abated. ¶32-33

Ganesh v Vs Syndicate Bank — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:82-DB WP No. 1061 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2025 PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 1061 OF 2019 (GM-DRT)

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BETWEEN:

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GANESH V, S/O LATE VENUGOPAL, AGED ABOUT 60 YEARS, R/AT NO.17, “VENKATAPPA GARDEN”, VANNARPET, BANGALORE-560 047. (THE PETITIONER IS NOT CLAIMING SENIOR CITIZEN BENEFIT)

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…PETITIONER

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(BY SRI. YOGEENDRA ACHAR B.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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SYNDICATE BANK, ASSET RECOVERY MANAGEMENT BRANCH, REPRESENTED BY ITS SENIOR MANAGER JASMINE MANSION, IST FLOOR, J C ROAD, BANGALORE-560 002.

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M/S SHINE TRADING CORPORATION NO.6/3, GROUND FLOOR, 4^TH CROSS, LALBAGH, BANGALORE-560 027. A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS RESPONDENTS NO.3 AND 4 BELOW.

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SMT. ANNA MARY W/O I ANTHONY RAJ, AGED ABOUT 49 YEARS, R/A NO.57, 4^TH CROSS, WIDIA

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LAYOUT,VIJAYANAGAR, BANGALORE-560 040.

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2 - NC: 2025:KHC:82-DB WP No. 1061 of 2019

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P. PADMANABHAN S/O PERUML, AGED ABOUT 43 YEARS, R/AT NO.82, 12^TH CROSS, 12^TH MAIN, SHIVANAGAR, BANGALORE-560 010.

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I. ANTHONY RAJ S/O IGNAPPA, AGED ABOUT 51 YEARS, R/AT NO.57, 4^TH CROSS, WIDIA LAYOUT, VIJAYANAGAR, BANGALORE-560 040.

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G. MOHAN S/O V GANESH, AGED ABOUT 33 YEARS, R/AT NO.17, VENKATAPPA GARDEN, VANNARPET, BANGALORE-560 047.

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…RESPONDENTS (BY SRI.VIGNESH SHETTY.,ADVOCATE FOR R1; R6 SERVED & UNREPRESENTED; NOTICE TO R1-R5 ARE DISPENSED WITH)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED BY THE DEBT RECOVERY APPEAL TRIBUNAL, CHENNAI IN R.A.NO.85/2011 DTD27.11.2018 VIDE ANNEXURE-E.

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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 KRISHNA S DIXIT and

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HON'BLE MR JUSTICE G BASAVARAJA

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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Petitioner having died on 7.2.2024 and his L.Rs