Karnataka High Court
M/S Masur Infrastructure Development vs The General Manager on 23 July, 2024
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NC: 2024:KHC-D:10331
WP No. 103620 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103620 OF 2023 (GM-RES)
BETWEEN:
M/S MASUR INFRASTRUCTURE DEVELOPMENT
AND CONSTRUCTIONS LIMITED,
MASUR NIVAS, RATATGIRI CROSS,
KALAGHATAGI ROAD, DHARWAD,
REPRESENTED BY ITS DIRECTOR,
SHRI VIVEKANAND S/O. BASAVARAJ MASUR,
AGE: 64 YEARS, OCC: BUSINESS,
R/O MASUR NIVAS, KALAGHATAGI ROAD,
DHARWAD-580002.
...PETITIONER
(BY SRI. A.S.PATIL, ADVOCATE)
AND:
1. THE GENERAL MANAGER
CANARA BANK, CIRCLE OFFICE
GOKUL ROAD, HUBBALLI-580030.
YASHAVANT
NARAYANKAR 2. THE DIVISIONAL MANAGER
CANARA BANK, REGIONAL OFFICE,
Digitally signed by
YASHAVANT
NARAYANKAR B.N.NAGAR, HUBBALLI-580029.
Location: High Court of
Karnataka, Dharwad Bench
Date: 2024.07.26 15:55:14
+0530
3. THE BRANCH MANAGER
CANARA BANK, TRAFFIC I ISLAND,
HUBBALLI-580029.
4. THE AUTHORISED OFFICER
ASSISTANT GENERAL MANAGER,
CANARA BANK, TRAFFIC ISLAND,
HUBBALLI-580029.
5. THE DEPUTY COMMISSIONER DHARWAD
DIST: DHARWAD-580001.
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NC: 2024:KHC-D:10331
WP No. 103620 of 2023
6. THE TAHASILDAR
DHARWAD TALUKA,
TQ. AND DIST: DHARWAD-580003.
7. M/S CAN BANK COMPUTER SERVICES
PROVIDER E-AUCTION NO.2018,
J.P.ROYALE, 1ST FLOOR,
SAMPIGE ROAD, MALLESWARAM,
BENGALURU-580009.
...RESPONDENTS
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH,
ADVOCATE FOR CAVEAT RESPONDENT NO.4 AND R1 TO R3;
SRI. V.S.KALASURMATH, HCGP FOR R5 AND R6;
NOTICE TO R7 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN
NATURE OF CERTIORARI OR ANY OTHER TO QUASH THE IMPUGNED
ORDER DATED 26.10.2021 BEARING NO.SRF/CR-77/2020-21
PASSED BY RESPONDENT NO.5 VIDE ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The captioned petition is filed by the borrower assailing the order passed by the District Magistrate on 26.10.2021 under Section 14 of the SARFAESI Act.
2. The counsel appearing for the respondent-Bank acknowledges that the entire dues are settled by the borrower.
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NC: 2024:KHC-D:10331 WP No. 103620 of 2023
3. Recording the submission of the learned counsels on record, the captioned petition stands disposed of.
4. If the entire dues are cleared, the respondent- Bank is obligated to return the original documents, in accordance with law.
Sd/-
JUDGE SVH List No.: 2 Sl No.: 51