IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3401 OF 2016 (GM-RES) C/W WRIT PETITION NO.3422 OF 2016 & WRIT PETITION NO.3221 OF 2016 IN WRIT PETITION NO.3401/2016 BETWEEN NAGARATHNAMMA W/O. LATE N.M. RAJU AGED ABOUT 60 YEARS R/O. NO.45, YEMALUR VILLAGE AND POST BANGALORE-560 037. ... PETITIONER (BY SRI. K. SHASHI KIRAN SHETTY, SR. ADV. A/W MS. ANUPARNA BORDOLOI, ADV.) AND PUNJAB NATIONAL BANK A BODY CORPORATE DULY CONSTITUTED BY AND UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT NO.7, BHIKAJI CAMA PLACE NEW DELHI-66.
ALSO CIRCLE OFFICE AT RAHEJA TOWERS 26-27, M.G. ROAD BANGALORE-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER SRI. SATISH CHANDRA GUPTA. ... RESPONDENT (BY SRI MOHAMMED SADIQH B.A., ADV. – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN C.MISC.NO.50278/2014 FILED BY THE RESPONDENT BANK ON 26.12.2014 PENDING BEFORE THE HON’BLE X ADDL.CMM.MAYOHALL, BANGALORE; QUASH THE ORDER DTD:20.05.2015 PASSED IN C.MISC NO.50278 OF 2014 ON THE FILE OF THE HON'BLE X ADDL. CMM, MAYOHALL, BANGALORE (ANENXURE-A) AND ETC.
IN WRIT PETITION NO.3422/2016 BETWEEN B N VEERABHADRAIAH, S/O LATE NAGAPPA, AGED ABOUT 75 YEARS, R/O NO.471, 55TH CROSS, III BLOCK, RAJAJINAGAR, BANGALORE – 560 010. ... PETITIONER (BY SRI. K. SHASHI KIRAN SHETTY, SR. ADV. A/W MS. ANUPARNA BORDOLOI, ADV.) AND PUNJAB NATIONAL BANK A BODY CORPORATE DULY CONSTITUTED BY AND UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT NO.7, BHIKAJI CAMA PLACE NEW DELHI-66.
ALSO CIRCLE OFFICE AT RAHEJA TOWERS 26-27, M.G. ROAD BANGALORE-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER SRI. SATISH CHANDRA GUPTA. ... RESPONDENT (BY SRI MOHAMMED SADIQH B.A., ADV. – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN C.MISC.NO.50278/2014 FILED BY THE RESPONDENT BANK ON 26.12.2014 PENDING BEFORE THE HON’BLE X ADDL.CMM.MAYOHALL, BANGALORE; QUASH THE ORDER DTD:20.05.2015 PASSED IN C.MISC NO.50278 OF 2014 ON THE FILE OF THE HON'BLE X ADDL. CMM, MAYOHALL, BANGALORE (ANENXURE-A) AND ETC.
IN WRIT PETITION NO.3221/2016 BETWEEN C.M.HUGAR, S/O LATE MAHADEVAPPA HUGAR, AGED ABOUT 65 YEARS, NO.799, 31ST CROSS, THILAK NAGAR, BANGALORE – 560 041. ... PETITIONER (BY SRI. K. SHASHI KIRAN SHETTY, SR. ADV. A/W MS. ANUPARNA BORDOLOI, ADV.) AND PUNJAB NATIONAL BANK A BODY CORPORATE DULY CONSTITUTED BY AND UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT NO.7, BHIKAJI CAMA PLACE NEW DELHI-66.
ALSO CIRCLE OFFICE AT RAHEJA TOWERS 26-27, M.G. ROAD BANGALORE-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER SRI. SATISH CHANDRA GUPTA. ... RESPONDENT (BY SRI MOHAMMED SADIQH B.A., ADV. – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN C.MISC.NO.50278/2014 FILED BY THE RESPONDENT BANK ON 26.12.2014 PENDING BEFORE THE HON’BLE X ADDL.CMM.MAYOHALL, BANGALORE; QUASH THE ORDER DTD:20.05.2015 PASSED IN C.MISC NO.50278 OF 2014 ON THE FILE OF THE HON'BLE X ADDL. CMM, MAYOHALL, BANGALORE (ANENXURE-A) AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN “B” GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.K.Shashi Kiran Shetty, learned Senior counsel along with Ms.Anuparna Bordoloi, learned counsel for the petitioners.
In these petitions, the petitioners have assailed the validity of order dated 20.05.2015 passed by the X Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. When the matter was taken up today, learned Senior counsel for the petitioners submitted that during the pendency of the writ petitions, the petitioners have settled the loan accounts and the properties in question have been sold by a registered sale deed dated 07.02.2019 in favour of a third party.
3. In support of the aforesaid submission, learned Senior counsel for the petitioners has produced a copy of the sale deed, which is taken on record.
4. In view of the submission made by learned Senior Counsel appearing for the petitioners, order dated 20.05.2015 passed by the X Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru is hereby quashed.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-