IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47158/2018 (GM-DRT) BETWEEN:
M/S A.RAJANNA BRICKS, PROPRIETOR, A RAJANNA SINCE DECEASED , REP. BY HIS LEGAL HEIRS, H. R. MOHAN KUMAR, S/O. LATE A. RAJANNA, AGED ABOUT 44 YEARS, R/AT HULIMANGALA VILLAGE, H. HOSKOTE POST, MALUR TALUK, KOLAR DISTRICT-563 130. ... PETITIONER (BY SRI. G A ANTHONY CRUZE, ADV.,) AND:
1. THE RECOVERY OFFICER-1 DEBTS RECOVERY TRIBUNAL –II, BENGALURU, LIC JEEVAN MANGAL BUILDING, 2ND FLOOR, NO.4, RESIDENCY ROAD, BENGALURU-560 025.
2. PRAGATHI KRISHNA GRAMIN BANK, LAKKUR BRANCH, MALUR TALUK, KOLAR DISTRICT-563 130, REPRESENTED BY ITS BRANCH MANAGER. ... RESPONDENTS (BY SRI. T P MUTTANNA, ADV., FOR R2; R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE PROCLAMATION ISSUED BY THE RECOVERY OFFICER-I, DEBTS RECOVERY TRIBUNAL-II, BENGALURU-R-1, IN TRC NO.2683/2017 DTD 12.09.2018 VIDE ANNX-C.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the writ petition and another memo seeking a direction that the amount of Rs.6,34,500/- deposited by the petitioner be refunded to respondent No.2 – Bank.
2. Memos are taken on record. In view of the aforesaid submission, the Registry is directed to refund the aforesaid amount to respondent No.2 – Bank.
Writ petition is accordingly dismissed as withdrawn.
Sd/- JUDGE RD