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2025 DAILYLAW 29449 (KAR)

MR ZARIR PARVEZ NAGARAWALA v. UNION OF INDIA

WP/17040/2023 · 2025-03-06

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9535 WP No. 17040 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17040 OF 2023 (GM-RES) BETWEEN: MR ZARIR PARVEZ NAGARAWALA AGED ABOUT 49 YEARS, S/O PARVEZ PESTONJI NAGARWALA R/AT VILLA 1, STREET 58A, AL WARQA 3, DUBAI, UAE REPRESENTED BY HIS POA HOLDER, MR SAMUEL PRABHAKAR AGED ABOUT 49 YEARS, S/O MR. ARTHUR EBENEZER RESIDING AT F5, VINTAGE PRIME APARTMENTS, HBR LAYOUT, 4TH MAIN, 4TH BLOCK, BANGALORE - 560 043 …PETITIONER (BY SRI. ADHISH A. KULKARNI, ADV. FOR SMT. BEENA P K., ADVOCATE) AND: 1. UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110001 2. THE MINISTRY OF FINANCE GOVERNMENT OF INDIA, REP. BY ITS SECRETARY MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110001 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9535 WP No. 17040 of 2023 3. RESERVE BANK OF INDIA ESTABLISHED UNDER THE RESERVE BANK OF INDIA ACT, 1934, HAVING ONE OF ITS OFFICE AT NRUPATHUNGA ROAD, BENGALURU - 560001 REPRESENTED BY ITS MANAGER 4. PNB HOUSING FINANCE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.5, MATHRUSHREE ARCADE, 100 FEET ROAD, RING ROAD, I PHASE, II STAGE, BTM LAYOUT, BENGALURU - 560076 ALSO AT 9TH FLOOR, ANTRISHABHAWAN 22, KASTURBA GANDHI MARG NEW DELHI - 110001 REP. BY ITS DIRECTOR 5. M/S MANTRI DEVELOPERS PVT. LTD. COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MANTRI HOUSE NO.41, VITTALMALYA ROAD, BENGALURU - 560001 REP. BY ITS DIRECTOR …RESPONDENTS (BY SRI. SHANTHI BHUSHAN, DSGI FOR R1 AND R2 V/O. DATED 24.08.2023; SRI. SHIVAPRASAD SHANTANAGOUDAR, ADV. FOR 1; SRI. FRANCIS XAVIER, ADV. FOR 4; R3 - SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R4/PNBHFL FROM TAKING ANY COERCIVE MEASURES AGAINST THE PETITIONER FOR RECOVERING ANY AMOUNT COMPRISED IN THE LOAN SANCTIONED BY THE R4 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9535 WP No. 17040 of 2023 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the respondent - Bank submits that the borrower himself has paid the requisite amount and the loan account has been settled. The learned counsel would place on record the records of such settlement of the loan account. 2. In that light, nothing further would survive for consideration in the case at hand. In the light of the closure of the account, in the event, the Bank has property documents of the petitioner, they shall hand it over back to the petitioner, forthwith, without brooking any delay. If it is not in the custody of the respondent - Bank, it is open for the petitioner to avail such remedy, as is available in law. 3. The petition is accordingly disposed of. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 19