- 1 - NC: 2025:KHC:1623 WP NO. 31652 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.31652 OF 2024 (GM-DRT) BETWEEN: 1. SHWETHA C.N. W/O SUNIL KUMAR, AGED ABOUT 35 YEARS. 2. SUNIL KUMAR S/O RAMAKRISHNAMURTHY, AGED ABOUT 41 YEARS. BOTH ARE RESIDING AT: NO.424, 17TH MAIN, 'F' BLOCK, 13TH CROSS, SAHAKARNAGAR, BENGALURU -560 092. …PETITIONERS (BY SRI. GARUD KUMAR, ADVOCATE FOR SRI. ABHIJIT HARANAHALLI, ADVOCATE) AND: 1. MAGMA HOUSING FINANCE THE COMPANY REGISTERED UNDER COMPANIES ACT, 2013 36, H.M. ASTRID, MINERVA CIRCLE, J.C. ROAD, BENGALURU, KARNATAKA -560 002. REP. BY ITS AUTHORISED OFFICER AND BOARD RESOLUTION HOLDER, NARENDRA SINGH. 2. ASHOK KRISHNA CHAVAN S/O KRISHNA CHAVAN, AGED ABOUT 46 YEARS. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:1623 WP NO. 31652 OF 2024 3. KAVITHA ASHOK CHAVAN W/O ASHOK KRISHNA CHAVAN, AGED ABOUT 40 YEARS. BOTH RESPONDENTS NO.2 AND 3 ARE R/AT NO.27, PRAGATHI NILAYA, 1ST MAIN, BABA NAGAR LAYOUT, NEAR AIRPORT ROAD, YELAHANKA, BENGALURU - 560 085. 4. OM SHAKTHI HOSPITAL, REPRESENTED BY ITS PROPRIETOR, ASHOK KRISHNA CHAVAN, 142, SRI. BALAJI HOMES, BAGALUR CROSS, YELAHANKA, BENGALURU - 560 064. 5. A. MURTHY S/O ANJINAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.304/A, BAGALUR, JALA HOBLI, BENGALURU - 560 064. 6. ENCORE ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED (EARC) THE COMPANY REGISTERED UNDER COMPANIES ACT, 2013 REP. BY ITS AUTHORISED OFFICER SRI. PADMAKUMAR, DIRECTOR, HAVING ITS CORPORATE OFFICE AT: 5TH FLOOR PLOT NO.137, SECTOR-44, GARUGRAM, HARYANA - 122 002. REGISTERED OFFICE AT: 15TH FLOOR, EROS CORPORATE TOWERS, NEHRU PLACE, NEW DELHI - 110 019. …RESPONDENTS (BY SRI. M.S. SURYANARAYAN RAO, ADVOCATE FOR R6) - 3 - NC: 2025:KHC:1623 WP NO. 31652 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.07.2024 PASSED BY THE DEBTS RECOVERY TRIBUNAL-1, BENGALURU, KARNATAKA VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. DEVDAS ORAL ORDER The petitioners and respondent No.6, assignee of the respondent No.1 have filed joint memo dated 16th January, 2025 stating that the parties have settled the matter amicably. 2. The petitioners have paid sum of Rs.25,00,000/- to the respondent No.6, who has released the mortgage charge in respect of the secured assets of the petitioners. The original title deeds have been handed over by the respondent No.6 to the learned counsel for the petitioners in presence of the Court today. The parties therefore pray that the writ petition may be disposed of in view of the settlement of the matter between the parties. - 4 - NC: 2025:KHC:1623 WP NO. 31652 OF 2024 3. Memo is taken on record subject to all just exceptions. 4. Accordingly, writ petition stands disposed of in terms of the joint memo. SD/- (R DEVDAS) JUDGE ARK List No.: 1 Sl No.: 1