Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13544 WP No. 143 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 143 OF 2021 (GM-RES) BETWEEN:
VINOD KUMAR CHITRIGEMATH, S/O LATE SRI SUBRAYA SADASIVA BHAT, AGED ABOUT 62 YEARS, RESIDING AT NO.303, SRINIKET APARTMENTS MSR COLLEGE ROAD, MATHIKERE, BENGALURU-560 054. …PETITIONER (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND:
1.
M/S. BANK OF BARODA, 41/2, VIJAYA TOWER, II FLOOR, MG ROAD, TRINITY CIRCLE, BENGALURU-560 001.
REPRESENTED BY ITS MANAGER.
2.
THE AUTHORIZED OFFICER, ZONAL STRESSED ASSETS RECOVERY BRANCH, 41/2, VIJAYA TOWER, II FLOOR, M. G. ROAD, TRINITY CIRCLE, BENGALURU-560 001.
3.
SRI. PUNEETH N. GOWDA, M/S. PRADYUNS GROUP PARTNER S/O SRI NANJUNDE GOWDA, AGED ABOUT 33 YEARS,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13544 WP No. 143 of 2021
4.
SMT. NIKHITHA P. GOWDA, M/S. PRADYUNS' GROUP PARTNER, W/O. PUNEETH GOWDA, AGED MAJOR
RESPONDENT NOS. 3 AND 4 ARE ALSO RESIDING AT NO.3416, I FLOOR 13TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010.
RESPONDENT NOS. 3 AND 4 ARE ALSO RESIDING AT NO.22, SMS RESIDENCY, HIG COLONY, RMV 2ND STAGE BENGALURU-560 094.
…RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1;
R2- SERVED; R3- SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF PROHIBITORY RESTRAINING THE R-1 AND 2 BANK FROM INITIATING ANY MEASURE UNDER THE SARFAESI ACT PERTAINING TO THE SCHEDULE PROPERTY SINCE THE PETITIONER IS NEITHER AS BORROWER OR GUARANTOR AND THE SCHEDULE PROPERTY IS NEITHER AS SECURED ASSET.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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NC: 2025:KHC:13544 WP No. 143 of 2021
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"a) Issue a Writ/Order/Direction in the nature of prohibitory restraining the Respondent Nos.1 and 2 bank from initiating any measure under the SARFAESI Act pertaining to the Schedule Property since the Petitioner is neither a borrower or guarantor and the Schedule Property is neither a secured asset; b). Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, to meet the ends of justice."
2. Memo dated 01.04.2025 has been filed and signed by the
learned counsel for the petitioners, which reads as under:
"The learned counsel for the Petitioner submits that, as per the instructions of the petitioner herein this memo for withdrawal is being filed. Hence this Hon'ble court may be please to consider this memo and allow the petitioner to withdraw the current writ petition in as not pressed in the interest of justice and equity."
3. Accepting the said memo, the petition is dismissed as withdrawn.
SD/- (SURAJ GOVINDARAJ) JUDGE DS CT:TSM List No.: 1 Sl No.: 7