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2025 DAILYLAW 22161 (KAR)

K T GOVINDE GOWDA v. M/S IDBI BANK LIMITED

WP/11374/2024 · 2025-03-14

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11339 WP No. 11374 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11374 OF 2024 (GM-DRT) BETWEEN: 1. K.T. GOVINDE GOWDA S/O LATE. THIMME GOWDA AGED ABOUT 75 YEARS. (SENIOR CITIZEN NOT CLAIMED) 2. SMT. G. ANURADHA W/O SRI. K.T. GOVINDE GOWDA AGED ABOUT 65 YEARS. BOTH ARE RESIDING AT NO.341, 16TH MAIN, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. …PETITIONERS (BY SRI. DILEEP C. G., ADVOCATE) AND: 1. M/S IDBI BANK LIMITED, NPA MANAGEMENT GROUP, NO.5-9-89/1 AND 2, CHAPEL ROAD, HYDERABAD – 500 001. REPRESENTED BY ITS AUTHORIZED OFFICER M.C. BASANTH CHAKRAVARTHY, 2. M/S COASTAL PROJECTS LIMITED, (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956), PLOT NO.237, 2ND FLOOR, BAPUJINAGAR, BHUBANESWAR, ODISHA – 751 009. REPRESENTED BY ITS OFFICIAL LIQUIDATOR MR.RAVI SANKAR DEVARAKONDA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11339 WP No. 11374 of 2024 ALSO AT: PLOT NO.304/0, ROAD NO.78, FILAMNAGAR, JUBILEE HILLS, HYDERABAD – 500 033. REPRESENTED BY ITS MANAGING DIRECTOR MR. SURENDRA, 3. SRI. SABBINENI SURENDRA AGED ABOUT 39 YEARS, MANAGING DIRECTOR, COASTAL PROJECTS LIMITED, PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. 4. SRI. HARIHARA RAO GARAPATI AGED ABOUT 40 YEARS, DIRECTOR AND SIGNATORY, COASTAL PROJECTS LIMITED, PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. 5. SRI. SHARAD KUMAR AGED ABOUT 42 YEARS, DIRECTOR AND SIGNATORY, COASTAL PROJECTS LIMITED, PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. 6. SRI. SRIDHAR CHANDRASHEKARAN NIVARTHI AGED ABOUT 35 YEARS, DIRECTOR AND SIGNATORY COASTAL PROJECTS LIMITED PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. - 3 - NC: 2025:KHC:11339 WP No. 11374 of 2024 7. SMT. THOTA VARALAKSHMI AGED ABOUT 45 YEARS, DIRECTOR AND SIGNATORY, COASTAL PROJECTS LIMITED, PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. 8. SRI. SURESH BABU AGED ABOUT 48 YEARS, UMA ASSOCIATES C/O. COASTAL PROJECTS LIMITED, PLOT NO.304-O, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD – 500 033. ANDHRA PRADESH. 9. M/S. SARAF POLY SYNTHETICS PRIVATE LIMITED, (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956), HAVING ITS REGISTERED OFFICE AT NO.03, 3RD CROSS, LALBAGH ROAD, BANGALORE – 560 027. REPRESENTED BY ITS DIRECTOR SRI. CHANDRA PRAKASH RAMSISARIA …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD 16.09.21 UNDER ANNEXURE-A AND / OR QUASH SALE CERTIFICATE 13.10.21 (REGISTERED ON 06.11.2021) IN BOOK-1, 7402/21-22 UNDER ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:11339 WP No. 11374 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners files a memo seeking permission to withdraw the petition. 2. The memo reads as follows: “MEMO FOR WITHDRAWAL The Petitioners above named submits as follows: 1] It is submitted that the Petitioners had challenged the Transfer Order under Gazette Notification dated 04.10.2022 in respect of transfer of S.A.No.725 of 2022 pending on the file of DRT-1, Bengaluru to Hon'ble Debts Recovery Tribunal at Chennai and renumbering the same as TSA No.9 of 2022 and also sought for quashing of dismissal Order dated 05.01.2024 passed by the Hon'ble Debts Recovery Tribunal at Chennai dismissing TSA No.9 of 2022 along with other subsequent releifs for quashing Sale Notice and Sale Certificate also. 2] It is submitted that during the pendency of the above Writ Petition an Appeal and Waiver Application was filed before Debt Recovery Appellate Tribunal at Chennai challenging the dismissal Order dated 05.01.2024 and an Order dated 05.02.2025 was passed on IA.No.282 of 2024 (Waiver) in AIR (SA) 273 of 2024 filed by the Petitioners herein by the Hon'ble Debt Recovery Appellate Tribunal at Chennai directing the Petitioners to make a pre-deposit of 25% of the amount claimed in the sale notice dated 16.09.2021 therefore in order to seek quashing of Order dated 05.02.2025 passed by the Hon'ble Debt Recovery Appellate Tribunal at Chennai on IA.No.282 of 2024 (Waiver) and to also seek other subsequent reliefs which were sought under this Writ Petition in One comprehensive Writ Memo of withdrawal has been filed. - 5 - NC: 2025:KHC:11339 WP No. 11374 of 2024 3] In these circumstances it is respectfully prayed that this Hon'ble Court may be pleased to permit the Petitioners to withdraw the above Writ Petition with Liberty to file fresh One Comprehensive Writ seeking all the releifs against all the aggrieved Orders and also direct for return of Impugned Orders/documents. It would be in the interest of justice to do so.” In terms of the memo, the writ petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 9 CT:PH