✦ Karnataka High Court

M/S HITESH ENTERPRISES v. M/S TUMKUR GRAIN MERCHANTS

Writ Petition No. 256 of 2023ASHOK S KINAGI

Case at a glance

Outcome

Dismissed

Accordingly, the writ petition is dismissed as

Judgment

SMT. SARASWATHI N S W/O SRI NAGARAJU H T AGED ABOUT 45 YEARS, PLOT No.123, KIADB INDUSTRIAL AREA 2ND PHASE, ANTHRASANAHALLI TUMKUR 572106 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA (BY SRI. SUDHIR KUMAR D KAVITHA., ADV.) AND: …PETITIONER

1.

M/S TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD REPRESENTED BY ITS SENIOR AUTHORIZED OFFICER OFFICE AT B H ROAD TUMKUR 572103 - 2 - NC: 2026:KHC:2439 WP No. 256 of 2023 HC-KAR

2.

SRI RAMAKRISHNA G N S/O LATE NARASIMHAIAH G AGED ABOUT 77 YEARS R/A BALAJI NILAYA 1ST CROSS ASHOKANAGARA T UMKUR 572103 (BY SRI. K.V.LOKESH, ADV. FOR R1, SRI RAKESH BHAT, ADV. FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE DRT-II, BENGALURU TO CONSIDER THE APPLICATION BEARING IANO.3437/2022 FILED BY THE PETITIONER IN T.S.A NO.11/2022 SEEKING REDEMPTION OF HIS MORTGAGED SCHEDULE PROPERTY BEFORE THE HONBLE DRT-II,BENGALURU DATED 30.12.2022 ANNEXED VIDE ANNEXURE-N AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:2439 WP No. 256 of 2023 HC-KAR CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel the petitioner filed a for withdrawal of the writ petition stating that, the petitioner has challenged the various action taken by the respondent under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SURFAESI Act’). During interregnum, respondent-Bank has fraudulently sold the valuable properties of the petitioner for a very meager sum and fraudulently confirmed the same. Hence, in view of the same, this Court be pleased to permit the petitioner to withdraw the writ petition with liberty to challenge the auction sale conducted fraudulently and to initiate appropriate legal action in accordance with law. - 4 - NC: 2026:KHC:2439 WP No. 256 of 2023 HC-KAR

Operative part

2. The memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn. Sd/- (ASHOK S.KINAGI) JUDGE SSB

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the writ petition is dismissed as

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227; Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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