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2025 DAILYLAW 33534 (KAR)

MS. USHA BASAPPA BANAKAR v. THE UNION OF INDIA

WP/24116/2022 · 2025-03-05

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9305 WP No. 24116 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24116 OF 2022 (GM-RES) BETWEEN: MS. USHA BASAPPA BANAKAR AGED ABOUT 57 YEARS D/O MR. BASAPPA TIRUKAPPA BANAKAR R/AT 120B/11 JESSIE STREET TE ARO WELLINGTON 6011 REP. BY THEIR GPA HOLDER MR. LINGARAJU BASAPPA BANAKAR AGED ABOUT 56 YEARS S/O MR. BASAPPA TIRUKAPPA BANAKAR R/AT #176, ASHIRWAD, 9TH MAIN, 2ND CROSS BCC LAYOUT, 2ND STAGE, CHANDRA LAYOUT BANGALORE - 560040 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9305 WP No. 24116 of 2022 AND: 1. THE UNION OF INDIA REP. BY ITS CHIEF SECRETARY MINISTRY OF FINANCE NORTH BLOCK NEW DELHI - 110 001 2. THE MINISTRY OF FINANCE GOVERNMENT OF INDIA REP. BY ITS CHIEF SECRETARY NORTH BLOCK NEW DELHI - 110 001 3. RESERVE BANK OF INDIA ESTABLISHED UNDER THE RESERVE BANK OF INDIA ACT HAVING ONE OF ITS OFFICE AT NRUPATHUNGA ROAD BENGALURU - 560001 REP. BY ITS MANAGER 4. NATIONAL HOUSING BANK CORE 5-A, INDIA HABITAT CENTRE LODHI ROAD NEW DELHI - 110003 REP. BY ITS MANAGER / AUTHORISED OFFICER - 3 - NC: 2025:KHC:9305 WP No. 24116 of 2022 5. TRANSUNION CIBIL LIMITED (FORMERLY: CREDIT INFORMATION BUREAU (INDIA) LIMITED) A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT HAVING REGISTERED OFFICE AT ONE INDIABULLS CENTRE TOWER 2A, 19TH FLOOR, SENAPATI BAPAT MARG ELPHINSTONE ROAD MUMBAI - 400013 REP. BY ITS AUTHORISED OFFICER/MANAGER 6. PNB HOUSING FINANCE LIMITED PROPERTY BEARING NO.5, MATHRUSHREE ARCADE 100FT RING ROAD, 1ST PHASE, 2ND STAGE, BTM LAYOUT, BANGALORE - 560076 ALSO AT 9TH FLOOR, ANTRIKSHBHAWAN 22, KASTURBA GANDHI MARG NEW DELHI - 110 001 REP. BY ITS MANAGER / AUTHORISED OFFICER - 4 - NC: 2025:KHC:9305 WP No. 24116 of 2022 7. M/S MANTRI DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT MANTRI HOUSE #41, VITTAL MALYA ROAD BENGALURU - 560001 REP. BY ITS MANAGING DIRECTOR AUTHORISED OFFICER …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 AND R2; SMT. B. SUKANYA BALIGA, ADV. FOR R4; SRI. PINAZ KERSI KARKARIA, ADV. FOR R5; SRI. FRANCIS XAVIER, ADV. FOR R6; SRI. JAITHRA J. NARAYAN, ADV. FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R6 FROM TAKING ANY PRECIPITATIVE ACTION AGAINST THE PETITIONERS; ISSUE DIRECTION TO THE R6 BANK TO ISSUE NO DUE CERTIFICATE / NO OBJECTION CERTIFICATE IN FAVOUR OF THE PETITIONERS WITH RESPECT TO LOAN ACCOUNT NO.00196660004775 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:9305 WP No. 24116 of 2022 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel Sri. Francis Xavier, representing respondent No.6 submits that the Developer, who is respondent No.7 has settled the entire loan amount to the Bank, in terms of the settlement arrived at between respondent Nos.6 and 7 and he has filed memo to that effect. 2. Memo is taken on record and in that light, the present petition would not survive for any further consideration and the writ petition is disposed as having become infructuous. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 30