IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.9941 OF 2019 (GM-RES) BETWEEN:
M/s.HIRANMAYI GRANITES AND MINERALS PRIVATE LIMITED, NO.19/2, 1ST FLOOR, MODEL HOUSE STREET, BASAVANAGUDI, BENGALURU – 560 004, REPRESENTED BY SRI SATHYANARAYANA SON OF NARAYANAPPA AGED ABOUT 47 YEARS. ...PETITIONER (By Sri.S.G.VISHWANATH, ADVOCATE) AND:
THE AUTHORISED OFFICER STATE BANK OF INDIA ILKAL BRANCH (40312), HUNGUND TALUK, BAGALKOT – 587 125. ...RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 20.08.2018 IN A/C NO.TL.64186836897, CC.64186840225 ISSUED BY THE RESPONDENT BANK AUTHORITIES VIDE ANNEXURE – B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri.S.G.Vishwanath, learned counsel for the petitioner.
Learned counsel for the petitioner submits that since the petitioner had paid a sum of Rs.10 Lakhs to the Respondent- Bank, sale of their property has not taken place in pursuance of the Possession Notice dated 20.08.2018 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002.
2. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. The same is disposed of with liberty to the petitioner to take such remedy as available to him under law, in respect of his grievance, if he is so adviced.
Accordingly, this writ petition is disposed of.
Sd/- JUDGE DH