Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36931 WP No. 24425 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24425 OF 2025 (GM-DRT)
BETWEEN:
MR KURIEN THOMAS SON OF MR. THOMAS KURIEN AGED ABOUT 52 YEARS, NO. 526, RANKA PARK LAL BAGH ROAD, BENGALURU-560 027.
…PETITIONER (BY SRI. HARISH KUMAR V.L.,ADVOCATE)
AND:
1.
SOUTH INDIAN BANK LTD REGISTERED OFFICE AT SIB HOUSE, TB ROAD, MISSION QUARTERS, THRISSUR, KERELA-680 001 REPRESENTED BY ITS CHIEF MANAGER.
2.
THE AUTHORISED OFFICER/ MANAGER OF THE SARFAESI ACT, 2002 SOUTH INDIAN BANK LTD. AT ITS
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36931 WP No. 24425 of 2025
REGIONAL OFFICER SIB ARCADE, NO. 61, WHEELER ROAD, COX TOWN, BENGALURU-560 005 REPRESENTED BY ITS BRANCH MANAGER.
3.
THE AUTHORISED OFFICER/ MANAGER SOUTH INDIAN BANK LTD.
AT ITS REGIONAL OFFICER SIB ARCADE, NO. 61, WHEELER ROAD, COX TOWN, BENGALURU-560 005.
4.
SOUTH INDIAN BANK LTD SIB ARCADE, NO. 61, WHEELER ROAD, COX TOWN, BENGALURU-560 005 REPRESENTED BY ITS BRANCH MANAGER.
5.
MR. MOHAMMED OMAR FAROOK SON OF ABDUL SHAKOOR, AGED MAJOR NO. 315, 8TH CROSS ROAD, LAKSHMI ROAD, DIVYASHREE CHAMBERS, SHANTINAGAR, WILSON GARDEN, BANGALORE - 560 027.
6.
MRS. NASIMA FAROOK SUNDKA WIFE OF MOHAMMEND OMAR FAROOK, AGED MAJOR, NO. 315, 8TH CROSS ROAD, LAKSHMI ROAD, DIVYASHREE CHAMBERS, SHANTINAGAR, WILSON GARDEN,
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HC-KAR NC: 2025:KHC:36931 WP No. 24425 of 2025
BANGALORE-560 027
…RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE FOR R1 TO R4;
SRI. VIVEK B.N., ADVOCATE FOR R5 & R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE INTERLOCUTORY APPLICATION NO. 1/2025 IN SECURITISATION APPLICATION NO. 369/2025 PENDING BEFORE THE DEBT RECOVERY TRIBUNAL -I BENGALURU AS APPENDED AT ANNX-R; TO ALLOW THE SECURITISATION APPLICATION NO. 369/2025 PENDING BEFORE THE DEBT RECOVERY TRIBUNAL -I BENGALURU AS APPENDED AT ANNX-Q; IN THE ALTERNATIVE DIRECTION TO DIRECT THE DEBT RECOVERY TRIBUNAL -I BENGALURU TO CONSIDER AND DECIDE INTERLOCUTORY APPLICATION NO. 1/2025 IN SECURITISATION APPLICATION NO.
369/2025 AS PE ANNX-Q AND R PENDING BEFORE IT IN ACCORDANCE WITH LAW AND IN LIGHT OF THE
ORDER DATED 15.7.2025 PASSED BY WP NO. 448/2025 C/W WP NO. 10365/2024 PASSED BY THE HONBLE COURT AS PER ANX-P.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36931 WP No. 24425 of 2025
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
With Sri Francis Xavier, the learned counsel for the respondents Nos.1 to 4 and Sri Vivek B N., the
learned counsel for the respondents Nos.5 and 6, placing on record a copy of the order dated 29.08.2025 by the Debt Recovery Tribunal-1 Karnataka [for short 'the DRT'] , in Securitisation Application No.369/2025, Sri Harish Kumar B L, the
learned counsel for the petitioner, submits that the petitioner may be permitted to withdraw this petition with liberty to pursue the petition filed as against the DRT's order dated 29.08.2025 subject to all just exceptions. The petitioner is reserved with such liberty but subject to all just exceptions, and the petition stands disposed of as having become infructuous. Sd/- (B M SHYAM PRASAD) JUDGE NV