IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 720 OF 2015 (GM-DRT) BETWEEN:
MR HASEEB AHEMED, S/O.ABDUL JALEEL, AGED ABOUT 37 YEARS, R/AT. NO.29/1, KHAZI STREET, BASVANAGUDI, BANGALORE-560 004.
… PETITIONER (BY SRI. SHIVAKUMAR C., ADV. FOR PETITIONER - ABSENT,) AND:
1. THE FEDERAL BANK LIMITED, RESIDENCY ROAD BRANCN, BANGALORE-560 025.
REP., BY M.RAMJI, RECOVERY OFFICER II DRT BANGALORE.
2. M/S. PEGASUS TRAVELS (P) LTD, NO.547/1, R.V.ROAD, BANGALORE-5, REPRESENTED BY THE OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA.
3. AKRAM SHARIFF, S/O.LATE. SRI. MEHBOOB SHARIFF, NO.29/1, KHAZI STREET, BASVANGUDI, BANGALORE-4.
4. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA, IV FLOOR, "F" WING, KORAMANGALA, BANGALORE-34.
(BY SRI. V. VIJAY KUMAR, ADV. FOR R-1, … RESPONDENTS SRI. K.S. MAHADEVAN, ADV. FOR R-4 – ABSENT R-2 & 3 SERVED & UNREPRESENTED ) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCLAMATION OF SALE NOTICE DATED 5.12.2014 ISSUED BY THE R-1 VIDE ANN-K ANNOUNCING SALE OF THE SCHEDULE PREMISES AS PER ORDER IN O.A. 670/99 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
None for the respondent when the matter was taken up at 4.18 p.m.
Perused the record.
Petition is admitted for hearing.
In this petition, the petitioner inter alia seeks for quashment of the proclamation of sale dated 5.12.2014 issued by respondent No.1.
A Bench of this Court while entertaining the writ petition by an ad interim order dated 12.01.2015 had stayed the sale notice. On account of the impugned order granted by this Court, the sale has not taken place. Therefore, nothing survives for adjudication in this writ petition. However, the writ petition is disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under law as and when occasion so arises.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS