IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.5611/2018 (GM-RES) BETWEEN:
SHRI K. RAGHUNATH S/O LATE V.R. KRISHNASWAMY AGED ABOUT 65 YEARS RESIDING AT NO.3, 5TH CROSS SHANKARAPURAM BANGALORE – 560 004.
(BY MS. SANJANA RAO – ADVOCATE FOR SRI ARUN KUMAR K., - ADVOCATE) AND:
CORPORATION BANK JC ROAD BRANCH NO.66/1 AND 66/2 I FLOOR, ARUNA COMPLEX JC ROAD, BANGALORE – 560002 REPRESENTED BY ITS AUTHORISED OFFICER.
…PETITIONER …RESPONDENT (BY SRI V.B. RAVISHANKAR, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 12.12.2017 ISSUED BY THE FIRST RESPONDENT VIDE ANNEX-J AND CONSEQUENTLY DECLARE THAT ALL PROCEEDINGS INITIATED FOR SALE OF THE SCHEDULE PROPERTY PURSUANT TO ANY AUCTION DATED 28.12.2017 ARE ILLEGAL, NON-EST AND VOID AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Ms. Sanjana Rao, for Sri Arun Kumar K., learned counsel for the petitioner.
Sri V.B. Ravishankar, learned counsel for caveator/respondent.
2. After arguing the matter to some extent, learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to challenge the proceedings initiated against the petitioner under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 before the Debts Recovery Tribunal by filing a petition under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 In view of the aforesaid submission, writ petition is disposed of with the liberty aforesaid.
Sd/- JUDGE ca