IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32601/2018 (GM-RES) BETWEEN:
Sri M Gurushanth Aged about 47 years Son of Late Muniswamy Residing at No.731 Circular Shaft Near Cooling Plant Oorgam, K.G.F.
Also at Business Address:
C/o Lakshmi Batteries K.G.F. Bangarpet Main Road S.G. Kote, Kasaba Hobli Bangarpet Taluk-563114. … Petitioner (By Sri Srinivasan T, Advocate) AND:
1. The Chief Manager & Authorised Officer Canara Bank Bangarpet-563114 Kolar District.
2. Smt. Saroja K Wife of Krishna Murthy R.K. Aged about 78 years Partner, Mortgager and Guarantor Of Lakshmi Auto Batteries K.G.F. Main Road S.G. Kote Post, Bangarpet – 563114 Kolar District.
3. Sri R.K. Sundram Son of Krishna Murthy R.K Aged about Partner and Gurantor Of Lakshmi Auto Batteries K.G.F. Main Road S.G. Kote Post, Bangarpet-563114 Kolar District. … Respondents (By Sri Hemanth R Rao, Advocate for Sri H S Rukkoji Rao, Advocate for R-1;
Sri T.V. Subramanya Prasad, Advocate for R-2 & R-3) This Writ Petition is filed under Article 226 and 227 of the Constitution of India, praying to quash the possession notice and thereby seeking to transfer the property the name of bidder dated 23.04.2018 issued by 1st Respondent herein as per Annexure-A by the notice bearing Reference at Annexure-A, etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri.Srinivasan T., learned counsel for the petitioner.
Sri.Hemanth R. Rao, learned counsel for the respondent No.1.
2. Perused the petition. The petition is admitted for hearing. With the consent of learned counsel for the parties the petition is heard finally.
3. After arguing the matter for some time, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with a liberty to approach Debts Recovery Tribunal by filing a petition under Section 17 (4-A) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. In view of the aforesaid submission, the Writ Petition is disposed of with liberty as aforesaid.
Sd/- JUDGE RS/* Ct-b