IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.31573-600/2013 & WRIT PETITION NOS.31602-606/2013 (GM – RES) BETWEEN:
1. SRI U S PRAMOD KUMAR, AGED 49 YEARS, S/O.U.C.SIDDALING SETTY, 2. MRS. PRIYADARSHINI, AGED 43 YEARS, W/O U.S.PRAMOD KUMAR, PETITIONERS NOS.1 AND 2 ARE R/AT NO.6, "SAROJA" 1ST FLOOR, 2ND MAIN, 1ST PHASE, CHANDRA LAYOUT, BANGALORE – 560 040.
3. SRI. ARUN SRINIVASA, AGED ABOUT 48 YEARS, S/O N.SRINIVASA, R/AT NO.11665, CROSSINGTON ROAD, ALPHARETTA, GEORGIA – 30005, U.S.A.
REPRESENTED BY HIS G.P.A HOLDER AND WIFE MRS.RAJASHRI ARUN, W/O ARUN SRINIVASA, AGED ABOUT 40 YEARS, RESIDING IN THE SAME ADDRESS.
4. SRI. B A AJAY, AGED ABOUT 37 YEARS, S/O B.V.ASHOK KUMAR, R/AT E-106, GOLDEN MAGIC BLOCK, BRIGADE GARDENIA, J.P.NAGAR, 7TH PHASE, BANGALORE – 560 078.
5. SRI NATARAJ N A., AGED 37 YEARS, S/OASHWATHANARAYANA, R/AT RECHIHALLI, NAGARANAVILE POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.
6. SRI R KIRAN, AGED ABOUT 52 YEARS, S/O T.RANGASWAMY, R/AT NO.36, "KASHYAPA" 1ST CROSS, VENAKTESHWARA LAYOUT, BEHIND MSR HOSPITAL, BANGALORE – 560 054.
7. SRI N NAGENDRA, AGED ABOUT 74 YEARS, S/O LATE N.LAKSHMINARAYANA, R/AT NO.175, "HANUMA CHARANA" 4TH "A" MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BANGALORE – 560 079.
8. MRS VASANTHA LAKSHMI NAGENDRA, AGED ABOUT 63 YEARS, W/O N.NAGENDRA, R/AT NO.175, "HANUMA CHARANA" 4TH "A" MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BANGALORE – 560 079.
9. MRS. RASHMI V RAM, AGED ABOUT 32 YEARS, W/O SRI.NAGESH PHANIRAJ, R/AT NO.207, "NITHYASHREE SANKALP APARTMENT”, UTTARAHALLI MAIN ROAD, BANGALORE – 560 061.
10. SRI. SHIVAKUMAR GURUPAD KAKHANDKI, AGED ABOUT 36 YEARS, S/O MR.GURUPAD H.KAKHANDKI, R/AT NO.210, "MADHU NILAYA"
2ND "B" MAIN ROAD, II STAGE, GOKULAM, MYSORE – 570 002.
11. SRI VALIVARTHI KARTHIKHEYA VARMA, AGED ABOUT 32 YEARS, S/O SRI.V.KESAVA RAJU, R/AT 3E-703, DOS/ISRO HOUSING COLONY, DOMLUR LAYOUT, BANGALORE – 560 071.
12. MRS.K.JAYALAKSHMI, AGED ABOUT 58 YEARS, W/O.K.SURYANARAYANA SARMA, R/AT 3E-701, ISRO QUARTERS, HOUSING COLONY, INNER RING ROAD, DOMLUR, BANGALORE – 560 071.
13. MRS HEMAMALINI R., AGED ABOUT 39 YEARS, W/O MR.RAMANUJA S IYENGAR, R/AT NO.83, 3RD MAIN, 9TH CROSS, TALAKAVERINAGAR LAYOUT, AMRITHALLI ROAD, BANGALORE – 560 092.
14. SRI. SANTHOSH KUMAR, AGED ABOUT 36 YEARS, S/O MR.S.M.SREENIVASA, R/AT NO.221, 3RD AVENUE, 5TH MAIN TEACHERS COLONY, KORAMANGALA 1ST BLOCK, BANGALORE – 560 034.
15. MRS. NAGARATHNAMMA, AGED ABOUT 53 YEARS, W/O LATE MALLIKARJUNA, R/AT "NISARGA NILAYA", 13TH CROSS, OPP:GANESH TEMPLE TANK ROAD, LEELAVATHI EXTENSION, MADDUR, MANDYA DISTRICT – 571 428.
16. SRI. PRAMOD P DHULKSHED, AGED ABOUT 49 YEARS, S/O SRI.P.N.DHULKSHED, NO.41, HANA ROAD, EDISON NEW JERSY, USA-08817.
REPRSENTED BY HIS AUNT, SMT.GEETA DATTATREYA PATIL, W/O VENKATESH D.JOSHI, AGED 52 YEARS, RESIDING AT-S-1 41/96, "SNEHA RESIDENCY" SNEHA COLONY, CHIKKALASANDRA, BANGALORE – 560 061.
17. SRI ASHOK N RUDRAPATNA, AGED ABOUT 63 YEARS, S/O LATE R.NARASIMHAIAH, 18. MRS .ROOPA ASHOK RUDRAPATNA, AGED ABOUT 54 YEARS, W/O SRI.ASHOK N.RUDRAPATNA, PETITIONERS 17 AND 18 ARE RESIDING AT 34, KNOLLCROFT ROAD, TOWNSHIP OF BERNARDS, COUNTY OF SOMERSET, STATE OF NEW JERSEY, U.S.A.
REPERSENTED BY THEIR GENERAL POWER OF ATTORNEY, MR.R.N.SUNDARESH, S/O LATE R.NARASIMHAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO.488, 16TH CROSS, NEAR:R.C.HOSPITAL, IDEAL HOMES TOWNSHIP, PHASE-1, RAJARAJESHWARINAGAR, BANGALORE – 560 098.
19. SRI. S DESINGHA RAJU, AGED ABOUT 56 YEARS, S/O N.SUBBA RAJU, R/AT NO.14, 1ST FLOOR, 25TH MAIN, 14TH CROSS, J.P.NAGAR, 1ST PHASE, BANGALORE – 560 078.
20. MRS. PREMALATHA NAGARAJ, AGED ABOUT 64 YEARS, W/O B.N.NAGARAJ, R/AT NO.18, AIISH LAYOUT, BOGADHI 2ND STAGE, MYSORE – 570 016.
REPRESENTED BY HIS BROTHER AND GPA HOLDER SRI.K.JAGADISH, S/O H.K.KRISHNAMURTHY, AGED ABOUT 60 YEARS, R/AT NO.18, AIISH LAYOUT, BOGADHI 2ND STAGE, MYSORE – 570 016.
21. THANUJA K E., AGED ABOUT 44 YEARS, S/O MR.ERA SETTY, RESIDING AT NO.2267/7B, 5TH MAIN, 5TH CROSS, VINAYAKANAGARA, MYSORE – 570 012.
22. MRS. KUSUMA SREENIVASA, AGED ABOUT 34 YEARS, W/O MR.K.M.SREENIVASA, C/O MUNIYAPPA M.KOTHANUR, AGALAGURKI POST, CHICKBALLAPUR TALUK, KOLAR DISTRICT.
23. SRI. VINOD KUMAR, S/O MR.E.S.KUMAR, AGED ABOUT 39 YEARS, R/AT FLAT NO.102, SAI HABITAT APARTMENTS, NO.16, MARKET ROAD, BASAVANGUDI, BANGALORE – 560 014. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.SREENIVASA J.S.
S/O LATE J.V.SATHYANARAYANA RAO, R/AT FLAT NO.102, SAI HABITAT APARTMENTS NO.16, MARKET ROAD, BASAVANGUDI, BANGALORE – 560 014.
24. MRS. SREEVALLI VINOD, AGED ABOUT 39 YEARS, W/O VINOD KUMAR, R/AT FLAT NO.102, SAI HABITAT APARTMENTS, NO.16, MARKET ROAD, BASAVANGUDI, BANGALORE – 560 014.
REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR.SREENIVASA J.S.
S/O LATE J.V.SATHYANARAYANA RAO, R/AT FLAT NO.102, SAI HABITAT APARTMENTS NO.16, MARKET ROAD, BASAVANGUDI, BANGALORE – 560 014.
25. MRS. M N PREMA KUMARI, AGED ABOUT 53 YEARS, D/O S.NARASIMHAIAH, R/AT NO.1331, 32ND "F" CROSS, 26TH MAIN, IV "T" BLOCK, JAYANAGAR, BANGALORE – 560 041.
26. MRS. BIMLESH SHEKHAWAT, AGED ABOUT 52 YEARS, W/O MR.BAJRANG SINGH SHEKHAWAT, R/AT NO.120/A, 10TH MAIN ROAD, 2ND CROSS, SHANKAR NAGAR, BANGALORE – 560 096.
27. SRI. JAGADISH B C., AGED ABOUT 34 YEARS, S/O LATE B.M.CHENGAPPA, RESIDING AT FLAT NO.354/12, BLOCK NO.12, MIG-B-GF 249 CHS, 5TH PHASE, YELAHANKA NEW TOWN, BANGALORE – 560 064.
28. MRS. B C PREMA KUMARI, AGED ABOUT 42 YEARS, W/O MR.N.C.NANJAPPA, R/AT DOOR NO.414, B.M.ROAD, SUNTIKOPPA, KODAGU – 571 237.
29. SRI. H.K. VINAY PETITIONER IN AGED ABOUT 32 YEARS W.P.No.31602/2013 S/O MR. H.S. KESHAVA MURTHY R/AT No.11, BLOCK-33, SBM COLONY SRIRAMPURA 2ND STAGE, MYSORE-570023.
30. B N VINUTHAMANI, WIFE OF LATE M.N.NIRANJAN, AGED ABOUT 54 YEARS, RESIDING AT NO.374/25, 10TH CROSS, 7TH MAIN, 2ND BLOCK, JAYANAGAR, BANGALORE – 560 011.
31. MRS. PRIYA GIRISH, AGED ABOUT 31 YEARS, W/O GIRISH, R/AT NO.1433, 3RD MAIN, 3RD CROSS, VIJAYANAGAR, 2ND STAGE, MYSORE – 560 017.
32. SRI. B C NELAKANTA, AGED ABOUT 60 YEARS, S/O B.E.CHANDRASHEKAR, R/AT 5/A, OYHS "J" BLOCK, RAMANAMAHARISHI ROAD, KUVEMPUNAGAR, MYSORE – 570 023.
33. MRS LAVEENA ROBI KURIAN, AGED ABOUT 35 YEARS, W/O ROBI KURIAN, RESIDING AT NO.A06/17, AIISH LAYOUT, BOGADI 2ND STAGE, MYSORE – 570 026.
34. SRI PRAVEEN C P., AGED ABOUT 34 YEARS, S/O C.P.POULOSE, RESIDING AT NO.A06/17, AIISH LAYOUT, BOGADI 2ND STAGE, MYSORE – 570 026.
(BY SRI.O.SHIVARAM BHAT, ADV.) AND:
1. STATE BANK OF INDIA, REPRESENTED BY ITS ASST. GENERAL MANAGER AND AUTHORIZED OFFICER, CENTRAL BUSINESS DISTRICT BRANCH, ACR TOWERS, 3RD FLOOR, NO.32, RESIDENCY ROAD, BANGALORE – 560 025.
2. DEPUTY GENERAL MANAGER, STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT, NO.61, 4TH FLOOR, “RESIDENCY PLAZA”, RESIDENCY ROAD, BANGALORE – 560 025.
3. M/S. ROYAL ENCLAVE, REGD. OFFICE AT NO.895/1, “SKANDA”, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE – 560 086.
AND ALSO AT NO.717, 2ND FLOOR, POORNASHASHI COMPLEX, MODI HOSPITAL ROAD, 2ND STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGAR, …PETITIONERS BANGALORE – 560 086. REPRESENTED BY ITS PARTNERS, SRI.V.BHASKAR REDDY AND RIPUNJAYA REDDY.
4. M/S. PRESIDENCY GRAND, NO.717, 2ND FLOOR, POORNASHASHI COMPLEX, 2ND STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGAR, BANGALORE – 560 086.
REPRESENTED BY ITS PARTNER.
5. RESERVE BANK OF INDIA, 10/3/8, NRUPATHUNGA ROAD, BANGALORE – 560 001.
REPRESENTED BY ITS BRANCH MANAGER.
6. J.M.FINANCIAL ASSET RECONSTRUCTION COMPANY PVT. LTD., HAVING ITS REGISTERED OFFICE, AT 7TH FLOOR, CNERGY, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI – 400 025. REPRESENTED BY ITS SENIOR ANALYST, MS.FARAH KARACHIWALA, AGED ABOUT 27 YEARS, W/O ROHIT PEREIRA.
(BY SRI.A.RAVISHANKAR, ADV., FOR R1 TO 6; R2 & 5 ARE SERVED & UNREPRESENTED; VIDE ORDER DATED 03.06.2016;
…RESPONDENTS (COMMON) NOTICE TO R3 & R4 ARE HELD SUFFICIENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 5.7.11 AND ALSO THE NOTICE ISSUED TO THE PETITIONER NO. 1 TO 34 DATED 7.5.13 ISSUED BY R1 AND 2 RESPECTIVELY VIDE ANNEXURE -
A, B TO Z10 IN SO FAR AS SITE OF THE PETITIONERS SITES BEARING SITE NO.130, 232, 173, 189, 169, 233, 218, 185, 166, 157, 154, 155, 208, 186, 172, 230, 209, 222, 129, 183, 152, 205, 168, 170, 207, 206, 215, 165, 156 AND 231, 224, 223 OR CONSEQUENTLY DECLARE THAT THE NOTICES SENT TO THE PETITIONERS VIDE ANNEXURE - B TO Z10 ARE NOT BINDING ON THE PETITIONERS AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners submits that the matter has been amicably settled between the parties. Therefore, he files a memo seeking leave of the Court to withdraw the writ petitions.
2. Memo is taken on record. Writ petitions are dismissed as withdrawn.
Sd/- JUDGE VP