IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51925/2019(GM-RES) MRS. BHAVANI SHAMANNA W/O MANJUNATH P, AGED ABOUT 38 YEARS, R/AT NO.35/3, 4TH CROSS, 3RD MAIN, GANESHA BLOCK, R.T.NAGAR, BANGALORE-560032.
ALSO AT M/S MANJUNATH HARDWARE, PROPRIETOR: MRS. BHAVANI SHAMANNA, NO.708, HESARGHATTA MAIN ROAD, MALLASANDRA, BANGALORE-560015.
(BY SRI SAMEER S. N., ADVOCATE) AND:
THE AUTHORISED OFFICER, UCO BANK, BANGALORE JAYANAGAR BRANCH, NO.238/35, 9TH MAIN, 3RD BLOCK, JAYANAGAR, BANGALORE-560011.
…… ...PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A THE POSSESSION NOTICE UNDER SECTION 13(4) OF THE SECURITIZATION, RECONSTRUCTION AND FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 R/W RULE 8 OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 ISSUED BY THE RESPONDENT AUTHORIZED OFFICER UCO BANK ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, learned counsel for the petitioner filed memo dated 13.12.2019 and rightly and fairly submits that the writ petition may be dismissed as withdrawn with liberty to the petitioner to approach the Debts Recovery Tribunal.
2. The memo is placed on record.
3. The writ petition is dismissed as withdrawn with liberty as prayed for. It is needless to observe that, if there is any delay in approaching the Debts Recovery Tribunal, it is open for the petitioner to file an application under Section 14 of the Limitation Act for exclusion of the time spent before this Court.
Sd/- JUDGE kcm