Dismissed¶37

Sri. Abdul Aleem v. Indusind Bank Limited

Karnataka HC4 Feb 2025WP/11155/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice R Devdas; Writ Petition No. 11155 of 2024 (GM-RES); neutral citation NC: 2025:KHC:4957; decided 04.02.2025. Petitioners Abdul Aleem and Farha Naaz vs IndusInd Bank Limited and its Authorized Officer. Challenge under Articles 226 & 227 to possession notice dated 14/03/2024 and possession of secured assets dated 15/03/2024 under Sections 13(4) and 8(1) of the SARFAESI Act. Petitioners' counsel filed memo dated 11.06.2024 for withdrawal to approach the Debts Recovery Tribunal; writ petition dismissed as withdrawn with liberty to approach the DRT; alternative remedy; no merits adjudication; no costs or quantum.

What did the court decide?

Liberty reserved to the petitioners to approach the Debts Recovery Tribunal; no relief on merits as the petition was withdrawn. ¶37

Sri. Abdul Aleem Vs Indusind Bank Limited — Banking and Recovery | Karnataka HC (2025)

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NC: 2025:KHC:4957 WP No. 11155 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11155 OF 2024 (GM-RES)

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BETWEEN:

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SRI. ABDUL ALEEM S/O ABDUL NAYEEM, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S PRIME MARKETING R/A 33/2, 9TH CROSS, H SIDDAIAH ROAD, SUDHAMANAGAR, BENGALURU 560027.

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AND AT NO.22 RAHUL FURNITURE BUILDING, LADY CRUZON ROAD, NEAR BOWRING HOSPITAL, TASKER TOWN SHIVAJI NAGAR, BENGALURU 560001.

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Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA

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AND ALSO AT FLAT NO.4/5, MM LAYOUT, KAVAL BAI SANDRA, BEHIND INDIA OIL PETROLEUM BUNK BENGALURU NORTH R T NAGAR, KARNATAKA 560032

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FARHA NAAZ

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W/O ABDUL ALEEM, AGED ABOUT 40 YEARS, R/A 3/2, 9TH CROSS, H SUDHAMANAGAR SIDDAIAH BANGALORE KARNATAKA 560027,

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NC: 2025:KHC:4957 WP No. 11155 of 2024

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AND AT NO.22 RAHUL FURNITURE BUILDING, LADY CRUZON ROAD, NEAR BOWRING HOSPITAL, TASKER TOWN SHIVAJI NAGAR, BENGALURU 560001.

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AND ALSO AT FLAT NO.4/5, MM LAYOUT, KAVAL BAI SANDRA, BEHIND INDIAN OIL PETROLEUM BUNK BENGALURU NORTH R T NAGAR, KARNATAKA 560032

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…PETITIONERS

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(BY SRI. NARAYANA SWAMY M., ADVOCATE)

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AND:

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INDUSIND BANK LIMITED

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REP BY AUTHROISED OFFICER DEPUTY VICE PRESIDENT FINANCIL RECONSTRUCTION GROUP RESTRUCTURING AND RECONSTRUCTION GROUP, NO.1-10-72 3RD FLOOR, ASHOKA JANARDANA CHAMBERS, BEGUMPET HYDERABAD, TELANGANA STATE 500016

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AUTHORIZED OFFICER INDUSIND BANK LIMITED FINANCIAL RESTRUCTURING AND RECONSTRUCTION GROUP, NO.1-10-72 3RD FLOOR, ASHOKA JANARDANA CHAMBERS, BEGUMPET HYDERABAD, TELANGANA STATE 500016

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…RESPONDENTS

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NC: 2025:KHC:4957 WP No. 11155 of 2024

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN PERTAINING TO POSSESSION NOTICE ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT BY THE RESPONDENTS DATED 14/03/2024 AND QUASH THE POSSESSION NOTICE ISSUED UNDER SECTION 8(1) OF THE SARFAESI ACT BY THE RESPONDENTS DATED 14/03/2024, AND POSSESSION OF THE SECURED ASSETS UNDER SECTION 13(4) OF THE SARFAESI ACT DATED 15/03/2024 UNDER ANNEXURE-A AND A1 AND ETC.

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

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CORAM: HON'BLE MR JUSTICE R DEVDAS

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ORAL ORDER

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Learned Counsel for the petitioners has filed a memo

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dated 11.06.2024, seeking leave of this Court to withdraw

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the writ petition and to approach the Debts Recovery