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.32298/2018 (GM-RES) BETWEEN:
Sri M Sharvana S/o V Mahendra Mani Aged about 38 years R/at No.513, 44th Cross 4th Block, Rajajinagar Bengaluru – 10. … Petitioner (By Sri Lokesha M.Y, Advocate) AND:
Union Bank of India Navarang Circle (Rajajinagar 2nd Stage Branch) No.693, Near Shaneshwar Temple D Block, 2nd Stage Rajajinagar, Bengaluru – 10 Represented by its Manager. … Respondent (By Sri Prakash Hegde K, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent-Bank not to dispossess the petitioner from the schedule property as per the notice dated 2.1.2018 issued by the respondent-Bank as per Annexure-A holding the same is illegal, etc., This Writ Petition coming on for Orders, this day, the Court made the following:-
O R D E R None for the petitioner.
Sri.Prakash Hegde K., learned counsel for the respondent.
2. Perused the petition. The petition is admitted for hearing.
3. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for a direction not to dispossess him from the property as per the notice dated 2.1.2018 issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’).
4. When the matter was taken up, learned counsel for the respondent – Bank submitted that incompliance of the official notice issued on 2.1.2018, possession of the schedule property has already been taken by the respondent – Bank.
5. In view of the aforesaid submission, nothing survives for adjudication in the petition. However, the Writ Petition is disposed of with a liberty to the petitioner to have recourse to the remedy provided under Section 17 of the Act.
6. Accordingly, the petition is disposed of.
Sd/- JUDGE RS/* Ct-b