Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:26620 WP No. 9913 of 2022 C/W WP No. 2367 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9913 OF 2022 (GM-RES) C/W WRIT PETITION NO. 2367 OF 2022 (GM-DRT) IN WP No. 9913/2022 BETWEEN:
1.
MOHAMMED S.H S/O LATE SRI HAJABBA S.A AGED ABOUT 51 YEARS, R/A KESAVE ROAD, KOPPA-577 126
2.
M/S A.B BRICKS PROPRIETOR, MOHAMMED S.H, S/O LATE SRI HAJABBA S.A, AGED ABOUT 51 YEARS, R/A KESAVE ROAD, KOPPA-577 126
3.
MRS KATHIJA LAMIA MOHAMMED W/O MR MOHAMMED S.H, AGED ABOUT 45 YEARS, R/A KESAVE ROAD, KOPPA-577 126 …PETITIONERS (BY SMT. SHARADA N AND VIJAYA M.N, ADVOCATES) AND:
1.
KARNATAKA BANK LTD ASSET RECOVERY MANAGEMENT BRANCH, Digitally signed by PRAKASH N Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:26620 WP No. 9913 of 2022 C/W WP No. 2367 of 2022 III FLOOR, KARNATAKA BANK BUILDING, KODIALBAIL MANGALURU-575 003, BY ITS CHIEF MANAGER AND AUTHORISED OFFICER
2.
MR ABDUL REHAMAN S S/O LATE HAJABBA AGED ABOUT 54 YEARS, R/A KESAVE ROAD, KOPPA 577 126 …RESPONDENTS (BY SRI. SUJAY KUMAR H.S, ADVOCATE FOR R1, R2 - SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.12.4.2022 PASSED BY THE PRINCIPAL SR CIVIL JUDGE AND CJM DAKSHINA KANNADA IN C.MISC NO.56/2022 VIDE ANNEXURE-J AND ETC.
IN WP NO. 2367/2022 BETWEEN:
1.
MOHAMMED S.H.
S/O LATE SRI HAJABBA S.A AGED ABOUT 51 YEARS R/A KESAVE ROAD KOPPA-577 126.
2.
M/S A.B BRICKS PROPRIETOR MOHAMMED S.H S/O LATE SRI HAJABBA S.A AGED ABOUT 51 YEARS R/A KESAVE ROAD KOPPA-577 126.
- 3 -
HC-KAR NC: 2025:KHC:26620 WP No. 9913 of 2022 C/W WP No. 2367 of 2022
3.
MRS KATHIJA LAMIA MOHAMMED W/O MR MOHAMMED S.H AGED ABOUT 45 YEARS R/A KESAVE ROAD KOPPA-577 126. ...PETITIONERS (BY SMT. SHARADA N, ADVOCATE) AND:
1.
THE KARNATAKA BANK LTD ASSET RECOVERY MANAGEMENT BRANCH III FLOOR, KARNATAKA BANK BUILDING KODIALBAIL MANGALURU-575 003 BY ITS CHIEF MANAGER AND AUTHORISED OFFICER
2.
MR. ABDUL REHAMAN S S/O LATE HAJABBA AGED ABOUT 54 YEARS R/A KESAVE ROAD KOPPA-577 126. ...RESPONDENTS (BY SRI. Y.P. GOKUL, ADVOCATE FOR R1, R2 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ORDER DTD 22.12.2021 PASSED BY THE DEBT RECOVERY TRIBUNAL, BANGALORE, VACATING THE INTERIM ORDER OF STAY IN S.A.338/2021 VIDE ANNX-E AND ETC.
THESE PETITIONS, COMING ON FOR ORDES, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 4 -
HC-KAR NC: 2025:KHC:26620 WP No. 9913 of 2022 C/W WP No. 2367 of 2022
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Learned counsel for the petitioners has filed a memo which reads as hereunder:
"The petitioner submits that the entire loan amount in question in the above case is cleared by him under OTS on 21.06.2023 and the loan account is closed. Hence prays that the petition may be disposed off in the interests of justice and equity, as having become infructuous." The petition is disposed off as not pressed in light of the statement that loan account is closed. Hence, matter does not call for any further adjudication. Sd/- (S SUNIL DUTT YADAV) JUDGE CR List No.: 2 Sl No.: 22