IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.55771 OF 2016 (GM-DRT) BETWEEN:
SRI K.J.MOHAMMED ALI S/O SRI M.N.ABDUL JABBAR, AGED ABOUT 59 YEARS R/AT SHIVAPURA VILLAGE, HANGALA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111.
(By Sri S.A.AHMED, ADVOCATE – ABSENT-) AND:
1. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL, KRISHI BHAVAN, HUDSON’S CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001.
2. THE CHIEF MANAGER CANARA BANK, NANJANAGUDU BRANCH, NANJANAGUDU -571 301 MYSURU DISTRICT.
...PETITIONER ...RESPONDENTS (By Sri V.HARIDAS BHAT, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED PROCLAMATION ISSUED BY R-1 AT ANNEXURE-A VIDE DATED 14.09.2016 AND ANY SUBSEQUENT PROCEEDING BY THE 1ST AND 2ND RESPONDENTS ACTING UPON THE SAID PROCLAMATION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
No.2.
O R D E R None appears for the petitioner.
Sri.V.Haridas Bhat, learned Counsel for Respondent In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner interalia has assailed the validity of the Proclamation issued by the first respondent dated 14.09.2016 as at Annexure – ‘A’.
2. When the matter was taken up today at 1.22 p.m., learned counsel for the second respondent – Bank submitted that in response to the Sale Notice, sale has not taken place. Therefore, nothing survives for adjudication in this petition.
3. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner to take recourse of such remedy as available to him under the law.
Sd/- JUDGE DH