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2025 DAILYLAW 27957 (KAR)

SRI. J. H. PRASANNA v. THE AUTHORIZED OFFICER/MANAGER

WP/16005/2025 · 2025-06-16

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20530 WP No. 16005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16005 OF 2025 (GM-RES) BETWEEN: 1. SRI. J. H. PRASANNA S/O SRI HANUMESHI PUROHIT, AGED ABOUT 53 YEARS, RESIDING AT NO 43, T B SANITORIUM ROAD, SOUTH CONTONMENT, TILAK NAGAR, BELLARY, KARNATAKA-583104 …PETITIONER (BY SRI.PRITHVI RAJ B.N., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER/MANAGER KARUR VYSYS BANK, ASET RECOVERY BRANCH, DIVISIONAL OFFICE BUILDILNG, NO 6, SHREI VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V V PURAM, BANGALORE-560004 …RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS BANK TO CONSIDER THE PETITIONERS REQUEST DATED 02.06.2025 VIDE ANNEXURE-F FOR PAYMENT OF THE BALANCE SALE CONSIDERATION OF THE BID AMOUNT AND EXTENT THE TIME FOR SUCH PAYMENT BY A FURTHER PERIOD OF TWO MONTHS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20530 WP No. 16005 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioner files a memo of withdrawal which reads as follows: "The undersigned counsel for petitioner respectfully submits that pursuant to the negotiations with the Respondent - Bank, both the parties have agreed for re-auction. In the event if the Bank gets higher bid than the Petitioner's bid amount of Rs.1.71 Crores, the Bank has agreed to refund the amount of Rs.42.75 Lakhs deposited by the Petitioner. However, if the Bank does not get higher bid amount, then they have agreed to provide further time to the Petitioner for depositing balance amount. The copy of the letter dated 12.06.2025 in which the Respondent - Bank has made an endorsement is enclosed herewith. In view of the above, the Petitioner seeks leave of this Hon'ble Court to withdraw the present Writ Petition with a liberty to institute fresh Writ Petition if need arises on a fresh cause of action, in the interest of justice and equity. Prayed accordingly." - 3 - HC-KAR NC: 2025:KHC:20530 WP No. 16005 of 2025 2. Endorsement of the Bank on the representation of the petitioner is enclosed along with the memo. 3. In light of the memo filed and submission made, petition is dismissed as not pressed. Liberty as prayed for is reserved. All contentions are kept open. SD/- (S SUNIL DUTT YADAV) JUDGE VP