IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.14047 OF 2019 (GM-DRT) BETWEEN:
1. M/S. ANNAPURNESHWARI AUTOMOBILES PLOT NO.68, KULKARNI LAYOUT RAMATHIRTHA NAGAR KANBARGI BELAGAVI-590 015.
REP. BY ITS MANAGING PARTNER SRI. IRANNA SALIMATH.
2. SRI. IRANNA A. SALIMATH S/O. ADAVAYYA AGED ABOUT 47 YEARS OCC: BUSINESS R/O. PLOT NO.68, KULKARNI LAYOUT RAMATHIRTHA NAGAR KANBARGI BELAGAVI-590 015.
3. MRS. ISHWARI I. SALIMATH W/O. SHRI IRANNA A. SALIMATH AGED ABOUT 44 YEARS OCC: HOUSE HOLD R/O. PLOT NO.68, KULKARNI LAYOUT RAMATHIRTHA NAGAR KANBARGI BELAGAVI-590 015. …PETITIONERS (BY SRI. YOGESH L.HIREMATH, ADV.) AND:
1. THE AUTHORIZED OFFICER KARNATAKA BANK LIMITED MANAGEMENT BRANCH 3RD FLOOR, KASTURBA ROAD BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER BELGAUM DIVISION BELGAUM-590 001.
3. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER BELGAUM SUB-DIVISION BELGAUM-590 001. ...RESPONDENTS (BY SRI Y V PARTHASARATHY, ADV. FOR R.1 SRI Y.D.HARSHA, AGA FOR R.2. AND 3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED. 31.07.2017 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II, BENGALURU IN SA NO.173/2017 AS PER ANNX-J, ORDER DTD. 20.06.2017 PASSED BY THE R-3 IN CASE BEARING NO.RRC/CR-37/16-17 AS PER ANNX-F AS WELL AS THE NOTICE OF SALE DTD. 13.03.2019 AS PER ANNX-T ISSUED BY R-1 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Yogesh L. Hiremath, learned Counsel for the petitioner.
Mr. Y.V.Parthasarathy, learned Counsel for the respondent No.1 and Sri Y.D.Harsha, learned Additional Government Advocate for respondents No. 2 and 3.
2. Learned counsel for the petitioner after arguing the matter to some extent, seeks leave of this Court to withdraw the writ petition with liberty to take recourse to such remedy as may be available to him under law.
Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty.
Sd/- JUDGE akc/-