IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.45972/2014(GM-RES) BETWEEN:
S. A. RASHEED S/O LATE N. ABDUL SALTAR, AGED ABOUT 65 YEARS, 22, BOWRING HOSPITAL ROAD, SHIVAJI NAGAR, BANGALORE-560001.
... PETITIONER (BY SRI KESHAVA R AGNIHOTRI, ADVOCATE) AND:
1. AUTHORISED OFFICER, UNION BANK OF INDIA, AVENUE ROAD, BANGALORE-560002.
2. RELIANCE STEEL, PROP:V.M. IRSHAD AHMED, AGED ABOUT MAJOR, NO.7, CELLAR FLOOR, GOODDOWN STREET, BANGALORE-560001.
3. NAZEER AHMED NO.7, CELLAR FLOOR, GOODDOWN STREET, BANGALORE-560001, 4. MRS. ZEENATH UNISA, AGED ABOUT MAJOR, 71, BOWEE STREET-ULSOOR, BANGALORE-560054.
5. DR. NASEEM BANU W/O SHRI C.M. IRFANULLA SHARIFF, AGED ABOUT MAJOR, RESIDING AT 142, 3RD CROSS, R.K. GARDENS, NEW BEL ROAD, RMV II STAGE, BANGALORE-560054.
6. C.M. YATHISHA, S/O B.C.MARIGOWDA, AGED ABOUT MAJOR, No.149/1, 2ND CROSS, NAGARABHAVI MAIN ROAD, BANGALORE-560072.
... RESPONDENTS (BY SRI P. L. VIJAYA KUMAR, ADVOCATE FOR R1; SRI H. RAMACHANDRA, ADVOCATE FOR SRI H.R. ANANTHAKRISHNA MURTHY, ADVOCATE FOR R5; R4 IS SERVED BUT UNREPRESENTED;
VIDE ORDER DATED 5.11.2016 SERVICE OF NOTICE TO R6 IS DISPENSED WITH;
VIDE ORDER DATED 27.02.2017 PETITION DISMISSED AGAINST R2) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ANNEXURE-D SALE DATED 13.2.2009 AND IN TERMS OF WA 620/09 ORDERS DATED 8.4.2013, THE SUB REGISTRAR MAY PLEASE BE DIRECTED TO CANCEL THE ENTRY.
THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, learned counsel for the petitioner rightly filed Memo seeking to withdraw the writ petition with liberty to avail the alternative remedy available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. The memo is placed on record.
3. Writ Petition is disposed of as withdrawn with liberty as prayed for. Liberty is also reserved to file necessary application for exclusion of time spent before this Court. All contentions are left open to be urged before the appropriate authority.
Sd/-
JUDGE kcm