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2025 DAILYLAW 40335 (KAR)

SYED ZABIULLA v. THE AUTHORISED OFFICER

WP/11523/2025 · 2025-09-23

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38298 WP No. 11523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11523 OF 2025 (GM-RES) BETWEEN: SYED ZABIULLA PROP. I N ASSOCIATES AGED ABOUT 58 YEARS, S/O SYED MAHABOOBSAB 4449, S M WEIGHBRIDGE, OPP NANDI PETROL BUNK, P.B. ROAD, HARIHARA-577601. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE) AND: THE AUTHORISED OFFICER CENTRAL BANK OF INDIA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38298 WP No. 11523 of 2025 2ND FLOOR, AKSHAY CHABBI CENTRE, GOKUL ROAD, HUBLI-580030. …RESPONDENT (RESPONDENT IS SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE UNDER SECTION 13(2) OF THE (THE SECRURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002) (SARFASI ACT 2002) DATED 01.02.2025 AS PER DOCUMENT PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38298 WP No. 11523 of 2025 ORAL ORDER The learned counsel for the petitioner has filed a memo for withdrawal of the petition which reads as under: "That as the respondent has initiated the proceedings under section 14 of the SARFAESI Act and is attempting to take possession of the petition schedule property, the petitioner has filed separate W.P.No.29130/2025, challenging the fresh cause of action. As this petition has become infructuous with new cause of action, it is prayed that this Honourable court may kindly be pleased to dispose the above numbered writ petition as withdrawn to facilitate the petitioner to pursue the fresh petition to meet the ends of justice and equity." Without prejudice to the petitioner to prosecute the next petition as mentioned in the memo, the petition is disposed of as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE NV