M/S SANJEEV EDUCATIONAL AND CULTURAL v. UNION BANK OF INDIA
WP/103111/2023 · 2025-02-17
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5045 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5045 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3204 WP No. 103111 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.103111 OF 2023 (GM-RES)
BETWEEN:
1.
M/S. SANJEEV EDUCATIONAL AND CULTURAL TOURISM CENTER, R/BY. PROPRIETOR DURGAPPA D MECHANANNAVAR R/O. 168/01, KARWAR ROAD, ANCHATAGIRI, NEAR BUDNAL LAKE SHIVALAY NAGAR, HUBBALLI, DIST: DHARWAD – 580 024.
2.
SHRI DURGAPPA S/O. DURGAPPA MECHANNAVAR, AGE: MAJOR, OCC: BUSINESS, R/O: GURUNATH NAGAR, ANAND NAGAR ROAD, OLD HUBBALLI, DIST: DHARWAD – 580 024. …PETITIONERS (BY SRI SHUBHENDU A. AKALWADI, ADVOCATE)
AND:
UNION BANK OF INDIA, MAIN BRANCH LAMINGTON ROAD, LIC BUILDING, HUBBALLI – 580 020, DIST: DHARWAD, R/BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI GIRISH HULMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:35 +0530
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NC: 2025:KHC-D:3204 WP No. 103111 of 2023
I ADDL. SENIOR CIVIL JUDGE AND C.J.M., DHARWAD IN CRL. MISC.
NO. 140/2023 DATED 21/04/2023 VIDE ANNEXURE-E. ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO ISSUE FRESH NOC VIDE ANNEXURE-F IN FAVOUR OF PETITIONERS SO AS TO SELL THE MORTGAGED PROPERTY AND REMIT THE CONSIDERATION TO THE BALANCE LOAN AMOUNT TO THE RESPONDENT BANK AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court calling in question the notice of demand issued by the respondent- Bank.
Learned counsel Sri Girish Hulamani appearing for respondent-Bank, on instructions would submit that the entire proceedings instituted against the petitioners under the SURFAESI Act has since been withdrawn. In that light, the petition is rendered infructuous and reserving liberty to the petitioners to avail of the remedy
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NC: 2025:KHC-D:3204 WP No. 103111 of 2023
as and when required, the petition stands disposed as having become infructuous.
Sd/- (M.NAGAPRASANNA) JUDGE
NAA/CT-ASC List No.: 1 Sl No.: 126