IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR WRIT PETITION No.31669 OF 2019 (GM-RES) & WRIT PETITION Nos.31829-31830 OF 2019 (GM-RES) BETWEEN:
SMT. SANGEETHA H KAMATH, AGED ABOUT 53 YEARS, E 101, MANGO TREE TOWNSEND, SY NO.110, NEAR BMS ENGINEERING COLLEGE, YELAHANKA, AVALAHALLI, BANGALORE, KARNATAKA-560064. ... PETITIONER (BY SRI.PRASHANTH.S.S, ADVOCATE) AND:
M/S. CANARA BANK, (SPECIALISED SME PEENYA BRANCH), HAVING ITS REGISTERED OFFICE AT 112, J C ROAD, BANGALORE-560002, KARNATAKA, INDIA. REPRESENTED BY ITS AUTHORIZED OFFICER. ... RESPONDENT (V/O DATED 30.07.2019 COPY SERVED ON SRI.HEMANTH.R.RAO, ADVOCATE) THESE W.P.s ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE AT ANNEXURE-A DTD:28.11.2018 AND POSSESSION NOTICE AT ANNEXURE-A1 DTD:11.2.2019 AND THE IMPUGNED NOTICE ANNEXURE-A2 DTD:3.7.2009 AND QUASH THE IMPUGNED PROCEEDINGS INITIATED BY THE RESPONDENT BANK AND THE AUTHORISED OFFICER UNDER THE PROVISIONS OF THE ACT VIDE NOTICE [ANNEXURE-A] ISSUED BY RESPONDENT HERIN BEING ARBITRARY, ERRONEOUS, WITHOUT JURISDICTION AND CONTRARY TO SECTION 14 OF THE IBC 2016.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner files a memo dated 05.08.2019 stating therein that he may be permitted to withdraw the writ petition and to pursue his grievance before the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Memo is placed on record.
Petition is dismissed as withdrawn. Liberty as sought for is granted. Petitioner shall be at liberty to urge all grounds including the grounds urged in the writ petition before the Debt Recovery Tribunal.
bnv* ct-rg Sd/- JUDGE