IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22518/2018 (GM-RES) BETWEEN:
Sri.M.Kumbaiah, S/o. Late Sri. Marahanumaiah, Aged about: 63 years, Advocate, No.311, 2nd Block, 3rd Stage, 5th Main Road, Basaveshwaranagar, Bengaluru-560 079. …PETITIONER (By Sri.Pavan Kumar Y.Dhongde, Adv. for Sri.Suresh P., Adv.) AND:
1. The Mysore Silk Cloth Merchants’ Co-Operative Bank Limited, No.6, Hospital Road, Bengaluru-560 053 Represented by its Chief Executive Officer.
2. Authorised Officer, The Mysore Silk Cloth Merchants’ Co-Operative Bank Limited, No.6, Hospital Road, Bengaluru-560 053. …RESPONDENTS (By Sri.H.V.Shivakumar, Adv.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the possession notice issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 by the respondent against the petitioner dated 21.04.2018 vide Annexure-A, etc.
This Writ Petition coming on for Orders along with I.A.1/18 and I.A.1/19 this day, the Court made the following:-
ORDER Sri.Pavan Kumar Y.Dhongde, Adv. for Sri. Suresh P. learned counsel for the petitioner.
Sri H.V. Shivakumar, learned counsel for the respondents.
Petition is admitted for hearing. With the consent of learned counsel for the parties, same is heard finally.
This petition is filed inter alia seeking a writ of certiorari to quash the possession notice issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 dated 21.04.2018 by the respondent – Bank, against the petitioner.
When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner may be granted liberty to take recourse to such remedy as available under law.
In view of the aforesaid submission, writ petition is disposed of reserving liberty to the petitioner to take recourse to such remedy as available under law.
In view of the disposal of the main petition, pending interlocutory applications do not survive for consideration.
Sd/- JUDGE sac*