IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12439/2017 (GM-RES) BETWEEN:
SRI G.KUMAR S/O LATE SRI GEORGE AGED ABOUT 55 YEARS R/O. # 67, 20TH CROSS BHUVANESHWARINAGAR BANGALORE NORTH MAGADI ROAD BANGALORE – 560 023 ... PETITIONER (BY SRI SIDDANOORU VISHWANATHA, ADVOCATE) AND:
1. THE BANGALORE CITY CO-OPERATIVE BANK LTD A.O. NO. 3, PAMPAMAHAKAVI ROAD CHAMARAJPET BANGALORE-560 018 REP. BY ITS AUTHORIZED OFFICER 2. SRI G. STALIN S/O LATE SRI GEORGE AGED ABOUT 61 YEARS 3. SRI G.IMMANUEL S/O LATE SRI GEORGE AGED ABOUT 59 YEARS 4. SRI G.PRABHU S/O LATE SRI GEORGE AGED ABOUT 57 YEARS RESPONDENT NOS.2 TO 4 ARE R/O # 67, 20TH CROSS BHUVANESHWARINAGAR BANGALORE NORTH, MAGADI ROAD BANGALORE-560 023 ... RESPONDENTS (BY SMT. H.R.UMADEVI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DTD.16.2.2017 ISSUED BY R-1 BANK FIXING THE AUCTION OF THE PETITION SCHEDULE PROPERTY ON 24.3.2017 VIDE ANNEXURE-D AND CONSEQUENTIALLY ALL MEASURES TAKEN UNDER THE PROVISIONS OF THE SARFAESI ACT, 2002 BY HOLDING THE SAME AS ILLEGAL ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for respondent no.1 submits that the petitioner has cleared the loan amount. The aforesaid submission is taken on record. Therefore, nothing survives for consideration in the petition. Accordingly, the writ petition is dismissed as infructuous.
Sd/- JUDGE hkh.