Karnataka High Court
M/S. Silver Cloud Estates vs The Authorised Officer on 15 November, 2021
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.7804 OF 2020 (GM-RES)
BETWEEN:
1. M/S. SILVER CLOUD ESTATES
PRIVATE LIMITED,
DOOR NO.122, GUDALUR, NILGIRIS,
UDHAGAMANDALAM - 643 211 (TN).
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI. E J. COELHO,
M/S. SILVER CLOUD ESTATES
PRIVATE LIMITED,
DOOR NO.1/122 A, GUDALUR, NILGIRIS,
UDHAGAMANDALAM - 643 211 (TN).
2. SRI. E.J. COELHO,
S/O LATE G.J. COELHO,
SILVER CLOUD ESTATES PVT. LTD.,
DOOR NO.1/122 A, GUDALUR, NILGIRIS,
UDHAGAMANDALAM - 643 211 (TN).
...PETITIONERS
(BY SRI. RAJENDRA M.A., ADVOCATE)
AND:
THE AUTHORISED OFFICER,
CENTRAL BANK OF INDIA,
ASSET RECOVERY BRANCH,
NO.48/49, MONTIETH ROAD,
FIRST FLOOR, EGMORE,
CHENNAI - 600 008.
...RESPONDENT
(BY SRI. ESHWAR PRASAD B,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE AND
ORDER THAT THE MEASURES INITIATED BY THE RESPONDENT
BANK U/S 13 OF THE SARFAESI ACT, 2002 IN PARTICULAR
ISSUING THE IMPUGNED MANDATORY NOTICE I.E U/S 13(4)
ANNEXURE-M OF THE SAID ACT ARE ILLEGAL AND INVALID.
2
HENCE ALL THE MEASURES INITIATED BY THE BANK UNDER
PROVISION OF THE SAID ACT, ARE LIABLE TO BE QUASHED /
SET ASIDE WITH EXEMPLARY COST.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a Memo dated 17.11.2020 seeking withdrawal of Writ Petition as not pressed. The Memo reads as under:
"It is respectfully submitted that in view of the statement arrived at between petitioner and the respondent, the matter is settled out of Court. Hence prays to dispose this petition as withdrawn/not pressed.
The same may please be taken on record in the interests of justice and pray to pass the order."
In the above circumstances, this Writ Petition is disposed off as having been withdrawn in terms of the Memo filed.
Sd/-
JUDGE GRD