IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11754 OF 2019 (GM-RES) BETWEEN:
SRI VEERABHADRESHWARA RICE MILL WARD NO.14, RAICHUR ROAD GANGAVATHI 583227 KOPPAL DISTRICT KARNATAKA REPRESENTED BY ITS MANAGING PARTNER MR JITENDRA KUMAR BAFNA (BY SRI. A SRIKANTH, ADV.) AND AUTHORISED OFFICER M/S KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH CTS 122/108, P.B NO.499 KARNATAKA BANK BUILDING 3RD FLOOR, NEW COTTON MARKET HUBLI-570029 (BY SRI. Y V PARTHASARATHY, ADV.) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT BANK BY WAY OF ISSUING PUBLIC NOTICE OF SALE DATED 1.3.19 AND SAME HAS BEEN PRODUCED AS ANNEXURE-E; ISSUE THE ORDER OF WRIT OF MANDAMUS TO THE RESPONDENT BANK TO ACCEPT THE AMOUNT WHICH IS PAYABLE TO THE RESPONDENT BANK AND RELEASE THE MORTGAGE TITLE DEED IN FAVOUR OF THE PETITIONER WITHIN THE STIPULATED TIME.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. A. Srikanth, learned counsel for the petitioner.
Sri. Y. V. Parthasarathy, learned counsel for the respondent.
2. Learned counsel for the petitioner after arguing the matter to some extent and after realizing the aspect of maintainability of the writ petition, seeks leave of this Court to withdraw the writ petition with liberty to approach the Debt Recovery Tribunal.
3. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner to approach the Debt Recovery Tribunal. It is further directed that in case the petitioner approaches the Debt Recovery Tribunal by filing an application for stay, the same shall be decided within a period of three days from the date of filing such an application.
4. It is made clear that this Court has not expressed any opinion on merits of the case.
5. Accordingly writ petition is disposed of.
Sd/- JUDGE RD