Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 70625 (KAR)

SYEED HABEEB v. ICICI BANK LIMITED

WP/21319/2025 · 2025-08-29

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33607 WP No. 21319 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21319 OF 2025 (GM-RES) BETWEEN: SYEED HABEEB, S/O LATE DADA PEER, AGED ABOUT 44 YEARS, NO. 107/1, C BLOCK, 10TH CROSS, GOUSIA NAGAR, MYSURU - 570 019. …PETITIONER (BY SRI. M. JAGANNATH ALVA, ADVOCATE) AND: 1. ICICI BANK LIMITED, REP. BY ITS CHIEF MANAGER, NO. 4/10, 1ST FLOOR, WEST WING, MYTHRI CENTRE, HOSUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. 2. ICICI BANK LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI - 400 051. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 AND R2) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33607 WP No. 21319 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTICE DATED 16.5.2025 FORFEITING THE BID AMOUNT OF RS.11,50,000/- DEPOSITED BY THE PETITIONER AS PER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for setting aside the order of forfeiture of the amount of Rs.11,50,000/- deposited by the petitioner with the Bank, in connection with the auction proceedings. 2. The petitioner was a prospective purchaser of auction of property by the Bank. As the auction proceeding could not culminate in a completed sale, the petitioner sought to withdraw from the process on certain grounds, which according to the petitioner were bona fide grounds. - 3 - HC-KAR NC: 2025:KHC:33607 WP No. 21319 of 2025 3. Despite the forfeiture of amount at Annexure-B, the respondent - Bank subsequently in its communication dated 28.08.2025 has observed that the Bank has accepted the request for refund in order to resolve the dispute amicably. This is clear from the communication of 28.08.2025. 4. Learned counsel for the petitioner submits that the said stand of the Bank as made out in the communication dated 28.08.2025 be taken note of and the petition be disposed of, as the petitioner's grievance would stand redressed by the stand indicated in the letter of 28.08.2025. 5. In light of the same, the matter is disposed of, taking note of the stand of the respondent - Bank that they are willing to refund the amount of Rs.11,50,000/-. Accordingly, petition is disposed off. - 4 - HC-KAR NC: 2025:KHC:33607 WP No. 21319 of 2025 6. The respondent - Bank to take steps for refund, which process to be completed within a period of two weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 1 Sl No.: 45