Karnataka High Court
Sri. Mukesh Atmaram vs Authorized Officer on 23 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:48630
WP No. 19505 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 19505 OF 2021 (GM-RES)
BETWEEN:
1. SRI. MUKESH ATMARAM
AGED ABOUT 63 YEARS,
S/O LATE ATMARAM KUNDARAM.
2. SMT. BHAVANA MUKESH SHARMA
AGED ABOUT 61 YEARS,
W/O MR. MUKESH ATMARAM.
BOTH ARE R/AT NO. 11/8 (TF402)
IMMAGINATIONS APARTMENT,
VENKATA S RAMAPPA ROAD,
JAI BHARATHNAGAR,
BENGALURU 560 033.
3. SRI. ABDUL GANI JAVALI
Digitally signed
by SHWETHA AGED ABOUT 77 YEARS,
RAGHAVENDRA S/O LATE ABDUL REHMAN JAVALI,
Location: HIGH
COURT OF R/AT NO.T1, 3RD FLOOR,
KARNATAKA SALARPURIA LANCET,
BANASWADI MAIN ROAD,
MSO COLONY,
BANGALORE 560 033
4. SRI. J. SADIQ PASHA,
AGED ABOUT 48 YEARS,
S/O MR. H.A. JALEEL,
R/AT NO. 6/1-1, 1ST MAIN,
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WP No. 19505 of 2021
1ST CROSS, BASAVA NAGAR,
K.G. HALLI,
BANGALORE 560 045
5. SMT. VINITHA C.,
AGED ABOUT 37 YEARS,
W/O MR. SURESH K.,
RA/T NO. 31,
AMMANA KANASU,
1ST MAIN ROAD,
KAMAKSH PALYA,
KAVERIPURA,
BASAVESHWARANAGAR,
BANGALORE 560 079
6. SRI. MUKHATAR AHMED JAVALI
AGED ABOUT 43 YEARS,
S/O ABDUL GANI JAVALI,
R/AT NO. T1, 3RD FLOOR,
SALARPURIA LANCET,
BANASWADI MAIN ROAD,
MSO COLONY,
BANGALORE 560 033
7. SMT. ROSALINE ANN VELLAICHAMY,
AGED ABOUT 45 YEARS,
D/O LATE MR. VELLAICHAMY,
R/AT HOUSE NO. B-14,
WILLOW BLOCK,
CITILIGHT MEADOWS APARTMENT,
NOLUMBUR,
CHENNAI 600 095
...PETITIONERS
(BY SRI. RAGHU H.P., ADVOCATE)
AND:
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NC: 2024:KHC:48630
WP No. 19505 of 2021
1. AUTHORIZED OFFICER
FULLERTON INDIA CREDIT COMPANY LTD.,
HAVING ITS REGISTERED OFFICE AT
MEGH TOWERS, 3RD FLOOR, OLD NO. 307
NEW NO. 165
POONAMALLEE HIGH ROAD,
MADURAVOYAL
CHENNAI,
TAMIL NADU 60095.
2. FULLERTON INDIA CREDIT COMPANY LIMITED,
HAVING ITS REGISTERED OFFICE AT
MEGH TOWERS,
3RD FLOOR, OLD NO. 307,
NEW NO. 165,
POONAMALLEE HIGH ROAD,
MADURAVOYAL,
CHENNAI TAMIL NADU 60095,
REPRESENTED BY ITS AUTHORIZED OFFICER
ALSO AT
CORPORATE OFFICE
FULLERTON INDIA CREDIT COMPANY LTD,
FLOOR 5 AND 6 B WING,
SUPREME BUSINESS PARK,
SUPREME CITY, POWAI,
MUMBAI 400 076.
3. SRI. MOHAMMED ANZAR
AGED ABOUT 48 YEARS,
S/O MR. ABDUL WAJID,
PROPRIETOR
IMAGINATIONS.
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WP No. 19505 of 2021
4. SMT. NASREE ANZAR
AGED MAJOR,
W/O SRI. MOHAMMED ANZAR,
BOTH R/AT NO.3 AND 4 ARE
R/AT: NO.4, VENKATARAMANAPPA ROAD,
JAI BHARATHNAGAR, M.S. NAGAR POST,
BANGALORE 560 033
...RESPONDENTS
(BY SRI. CHANDRASHEKAR S.N., ADVOCATE FOR R1 AND R2;
SRI. CHANDRASHEKAR, ADVOCATE FOR C/R4;
R3 AND R4 ARE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE
IMPUGNED ORDER DATED 22.09.2021 PASSED IN CRIMINAL
MIS.50104/2021 ON THE FILE OF HOBLE 11TH ADDL CHIEF
METROPOLITAN MAGISTRATE AT BANGALORE AS PER
ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for following reliefs:
i. " A Writ of Certiorari or any other order setting aside the impugned order dated 22/09/2021 passed in Criminal Mis.50104/2021 on the file of Hon'ble 11th Addl. Chief Metropolitan Magistrate at Bangalore as per Annexure A. ii. Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and -5- NC: 2024:KHC:48630 WP No. 19505 of 2021 circumstances of the present case till disposal of the above petition."
2. Learned counsel for the petitioners has filed a memo dated 23.11.2024, which reads as under:
"The counsel for the petitioners humbly submits the respondents have withdrawn impugned actions against subject schedule properties of the petitioners, as the borrower has closed the loan account connected to the subject schedule properties. As such the above matter, be dismissed as infructuous with liberty to initiate in the interest of Justice and Equity."
3. Accepting the memo and submission of learned counsel for the petitioners, the petition is rendered infructuous.
SD/-
(SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 15