Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22045 (KAR)

M/S SOUZA HATCHERIES v. CANARA BANK

WP/9071/2025 · 2025-04-01

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13702 WP No. 9071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9071 OF 2025 (GM-RES) BETWEEN: 1. M/S. SOUZA HATCHERIES MANGALORE, 2-119/1,2-119/2 2-119/3, 2-119/3 1, KULSHEKARA, KAIKAMBA MAROLI, MANGALORE, DAKSHINA KANNADA DISTRICT, A REGISTERED PARTNERSHIP FIRM BEARING FIRM NO. DKM-F19-2016-17 REPRESENTED BY ITS PARTNERS. (a) SMT. SARITHA LOBO, W/O MAXIM IVAN D'COSTA AGED ABOUT 54 YEARS RESIDING AT PRESSY MANSION NEEM STREET CHIKKAMAGALURU - 577 101. (b) SRI ERIC LOBO S/O LATE J.F.LOBO AGED ABOUT 65 YEARS RESIDING AT PRESSY MANSION NEEM STREET CHIKKAMAGALURU - 577 101. (c) SMT. STELLA LOBO W/O ERIC LOBO AGED ABOUT 58 YEARS RESIDING AT PRESSY MANSION Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13702 WP No. 9071 of 2025 NEEM STREET CHIKKAMAGALURU - 577 101 REPRESENTED BY HER GPA HOLDER SRI ERIC LOBO, …PETITIONERS (BY SRI MANJUNATH PRASAD H. N., ADVOCATE) AND: CANARA BANK MAIN BRANCH CHIKKAMAGALURU – 577 101 REP. BY ITS CHIEF MANAGER. …RESPONDENT (BY SRI VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO INITIATION OF PROCEEDINGS UNDER SARFAESI ACT (SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT) IN SO FOR AS IT RELATES TO THE PETITIONER’S PROPERTY AS PUBLISHED IN VIJAYAVANI KANNADA DAILY NEWS PAPER DTD 08.03.2025 BEARING REFERENCE NO. 0507261005436/SARFAESI/2024-25/5 DTD 03.03.2025 ISSUED UNDER SEC 13(2) OF THE SARFAESI ACT PRODUCED AT ANNX-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13702 WP No. 9071 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for petitioners submits that the entire due is cleared and the same is accepted by the learned counsel for respondent – bank. 2. In the light of the clearance of the loan, nothing further survives for consideration and the writ petition stands disposed. All consequential benefits that would flow from the clearance of the loan, shall be made over to the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 124 CT:SS