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2025 DAILYLAW 72123 (KAR)

SRI G R NAGESH v. STATE BANK OF INDIA

WP/15340/2024 · 2025-11-18

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47303 WP No. 15340 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15340 OF 2024 (GM-RES) BETWEEN: SRI. G.R.NAGESH, S/O RAMAMURTHY, AGED ABOUT 39 YEARS, NO.34, 7TH CROSS ROAD, SARASWATHI PURAM, BENGALURU NORTH – 560 096 (TENANT IN SCHEDULE PROPERTY). …PETITIONER (BY SRI. V.MOHAN, ADVOCATE) AND: 1. STATE BANK OF INDIA STRESSED ASSTES MANAGEMENT BRANCH, 2ND FLOOR, OFFICE COMPLEX BUILDING, UHO CAMPUS, NO.65, ST. MARKS ROAD, BENGALURU – 560 001 REPRESENTED BY AUTHORISED OFFICER (BANKING COMPANY REGISTERED UNDER BANKING REGULATIONS ACT, 1949) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47303 WP No. 15340 of 2024 2. THIRUMALA RICE INDUSTRIES, REPRESENTED BY ITS PARTNER T.K.RAMESH BABU, S/O LATE G.B.KRISHNAIAH SETTY, AGED ABOUT 55 YEARS, PLOT NO.5A/2 KIADB INDUSTRIAL AREA LINGAPURA, SIRA ROAD, TUMKURU – 572 106 (LESSOR OF SCHEDULE PROPERTY). …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE 1ST RESPONDENT'S IMPUGNED POSSESSION NOTICE REF. NO. SBI/SAMB/SARF/TRI-728 (ANNEXURE-A) DATED 22/02/2023 IN RESPECT OF THE SCHEDULE PROPERTY LEASED OUT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY; TO PASS ANY SUCH ORDERS WHICH THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES STATED ABOVE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47303 WP No. 15340 of 2024 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: “i) To quash the 1st Respondent's impugned Possession Notice Ref No.SBI/SAMB/SARF/TRI-728 (ANNEXURE:A) dated 22/02/2023 in respect of the schedule property leased out to the Petitioner in the interest of justice and equity; ii) To pass any such orders which this Hon'ble Court deems fit and proper under the facts and circumstances stated above in the interest of justice and equity.” 2. Memo dated 28.06.2024 has been filed by the learned counsel for the petitioner, which reads as under: "The Advocate for Petitioner humbly submits that as there is necessity to add additional facts and documents, the Petitioners may be permitted to withdraw the above writ petition with liberty to file a fresh writ petition for the same cause of action seeking the same relief before this Hon'ble Court and this Memo may be taken on record in the interest of justice and equity.." - 4 - HC-KAR NC: 2025:KHC:47303 WP No. 15340 of 2024 3. Accepting the said memo and submission of the learned counsel for the petitioner, petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE CBC List No.: 1 Sl No.: 103