Karnataka High Court
Sri Nurul Amin vs Authorized Officer on 20 June, 2012
Author: Ajit J Gunjal
Bench: Ajit J Gunjal
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF JUNE 2012
BEFORE
THE HON'BLE MR.JUSTICE AJIT J GUNAL
WRIT PETITION No.29610/2011(GM-DRT)
BETWEEN:
1. SRI NURUL AMIN
S/O LATE T AMIRUDDIN,
AGED ABOUT 35 YEARS,
R/A NO.2-61, SURVEY NO.120/5AP1,
KRISHNA NAGAR,
POST KULAI,
MANGALORE TALUK
DAKSHINA KANNADA
DISTRICT-575019 ... PETITIONER
(BY SRI. B LETHIF ADVOCATE)
AND:
1. AUTHORIZED OFFICER
BANK OF BARODA,
LADY HILL BRANCH,
VENKATESHWARA COMPLEX,
KULUR FERRY ROAD,
KOTTARA, ASHOKA NAGARA POT,
MANGALORE-575006
2 MR ABOOBACKER H
S/O H LATE HAMABBA,
AGED ABOUT 42 YEARS,
NEAR PVS PRESS,
KULAL, MRPL ROAD,
MANGLORE. ... RESPONDENTS
-2-
(BY SRI GOPALA KRISHNA R HEGDE ASSOCIATES ,
ADVOCATE FOR R-1, R-2 SERVED)
-----
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO CALL FOR THE RECORDS AND QUASH THE
POSSESSION NOTICE DATED 24.8.2010 ISSUED BY THE
1ST RESPONDENT VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER
Learned Counsel files a memo for withdrawal of the writ petition on the ground that he has availed alternative remedy by way of an appeal before the Debt Recovery Tribunal. Learned Counsel for the petitioner submits that the petitioner is a tenant and an interim order is operating since 4.8.2011. He submits that the said interim order be continued pending disposal of the consideration of his application for stay before the Debt Recovery Tribunal.
2. Request granted. Interim order to continue for a period of six weeks. The Tribunal to consider the -3- request of the petitioner for grant of interim order. The respondent - Bank is entitled to raise all such contentions which are available to it. The petition stands dismissed as withdrawn.
SD/-
JUDGE sh