Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16797 WP No. 9467 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9467 OF 2025 (GM-RES) BETWEEN:
MONOJIT BASU S/O LATE A.K.BASU AGED ABOUT 51 YEARS NO.405, SOUTH INDU HEIGHTS 5TH MAIN, MALLESHPALYA BENGALURU – 560 093. EMAIL: monojit basu@yahoo.com WHATSAPP: 9731855224. …PETITIONER (BY SRI MONOJIT BASU, PARTY-IN-PERSON) AND:
I.C.I.C.I BANK BOMMANAHALLI BRANCH BENGALURU – 560 068 REPRESENTED BY THE BRANCH MANAGER. …RESPONDENT (BY SRI SURESH V., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ABOVE MENTIONED ORDER PASS BY X ACMM COURT ON 01.06.2024 VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16797 WP No. 9467 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is before this Court seeking the following prayer:
“1) Quash the above mentioned order passed by X ACMM Court on 1/6/2024 (vide Annexure – A); 2) Urgent hearing may be granted in this W.P. 3) The Petitioner may kindly be allowed to appear in person under discretion of the Court given that the matter is urgent and he has no money to appoint a lawyer. 4) Petitioner may be allowed to urge additional facts and submit additional documents in course of hearing. 5) In the interest of time affidavit may be dispensed.”
2. Heard Sri Monojit Basu, the petitioner – party in- person and Sri Suresh V., learned counsel for respondent.
3. The grievance projected by the petitioner today is that, the bank has taken possession of the property and is now under the lock and key. The petitioner is not able to take out any of his immovable, as the bank is not cooperating in this regard.
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NC: 2025:KHC:16797 WP No. 9467 of 2025
4. Sri Suresh V., learned counsel for the respondent would submit that if the petitioner approaches the bank and on consensus, if the bank and the petitioner would fix a date for removal of the immovable, the bank would permit the petitioner to take all the immovable from the property, as the bank is wanting the property and not the immovable. The submission is placed on record.
5. The petitioner, in-person submits that he would approach the bank and fix a date for removal of all the immovable from the property. The submission is placed on record.
6. In the light of the aforesaid submissions, in the event, the petitioner would approach the bank and submits a representation, oral or written requisition for removal of immovable, the respondent - bank shall cooperate and do the needful. The petitioner and the respondent - bank shall conclude the process of removing the immovable from the property, within the next fortnight.
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NC: 2025:KHC:16797 WP No. 9467 of 2025
7. In regard to the remaining grievance of the petitioner is concerned, the petitioner is reserved liberty to approach the Debt Recovery Tribunal.
8. With the aforesaid directions, the petition stands
disposed. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 24 CT:SS