- 1 - NC: 2025:KHC-K:2015 WP No. 200473 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200473 OF 2025 (GM-RES) BETWEEN: 1. M/S AMBARESHWARI PULSES R/O PLOT NO.96 AND 97 OF KAPNOOR IIND STAGE INDUSTRIAL AREA HUMNABAD ROAD, KALABURAGI – 585 104. 2. M/S AMBARESHWARI DALL INDUSTRIES R/O. PLOT NO.96 AND 97 OF KAPNOOR, IIND STAGE INDUSTRIAL AREA HUMNABAD ROAD, KALABURAGI – 585 104. THROUGH THEIR PROPRIETOR AND PARTNER MR. BASAWARAJ R. AERI, AGE: 55 YEARS, OCC: BUSINESS, R/O. HOUSE NO.2-909/45/35/38/45/46, BADEPUR, KALABURAGI – 585 104. 3. M/S SHREE AMBARESHWARI PULSES R/O PLOT NO.120 OF KAPNOOR IIND STAGE INDUSTRIAL AREA HUMNABAD ROAD, KALABURAGI-585104. REPRESENTED BY ITS PROPRIETOR MRS. PARVATI W/O BASAWARAJ R. AERI, AGE: 52 YEARS, OCC: BUSINESS, Digitally signed by VARSHA N RASALKAR Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:2015 WP No. 200473 of 2025 R/O. HOUSE NO.2-909/45/35/38/45/46, PLOT NO.37, 38, 45 AND 46, BADEPUR, KALABURAGI – 585 104. 4. MR. BASAWARAJ R. AERI AGE: 55 YEARS, OCC: BUSINESS, R/O. HOUSE NO.2-909/45/35/38/45/46, ON THE PLOT NO.37, 38, 45 AND 46, BADEPUR, KALABURAGI – 585 104. …PETITIONERS (BY SMT. HEMA L. KULKARNI, ADVOCATE) AND: UNION BANK OF INDIA REGIONAL OFFICE KLABURAGI, R/O: PLOT NO 80/3 AND 90/3, HIG-I AKKAMAHADEVI COLONY, BIDDAPUR, KALABURAGI – 585 103, REPRESENTED BY ITS CHIEF MANAGER, AND AUTHORIZED OFFICER …RESPONDENT (BY SRI. UDAY P. HONGUNTIKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED POSSESSION NOTICE DATED 01.02.2025 ISSUED BY THE RESPONDENT BANK AT ANNEXURE-C AND ISSUE WRIT OF CERTIORARI QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT DATED 14.02.2025, DIRECT THE RESPONDENT TO EXTEND THE BENEFIT OF ONE TIME SETTLEMENT TO THE PETITIONERS BY CONSIDERING THE REPRESENTATION OF THE - 3 - NC: 2025:KHC-K:2015 WP No. 200473 of 2025 PETITIONER DATED 14.02.2025, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Learned counsel for the petitioners Smt.Hema L.Kulkarni files a memo seeking permission to withdraw the writ petition with a liberty to approach the appropriate forum. 2. Learned counsel for the petitioners submits that the petitioners ought to have approached the Debt Recovery Tribunal, but as they were not aware of the proper forum, they could not do so. 3. In the light of the submission thus made, time from the date of filing of this writ petition till this day be condoned, in case an application to that effect is filed - 4 - NC: 2025:KHC-K:2015 WP No. 200473 of 2025 before the Debt Recovery Tribunal for counting the period of limitation. 4. Granting liberty as sought for writ petition is dismissed as withdrawn. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 22 CT-NI