M/S Nilgiri Enterprises vs The Deputy Commissioner on 13 June, 2024

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Karnataka High Court

M/S Nilgiri Enterprises vs The Deputy Commissioner on 13 June, 2024

Bench: Hemant Chandangoudar

                                                 -1-
                                                            NC: 2024:KHC:21414
                                                          WP No. 37179 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 13TH DAY OF JUNE, 2024

                                               BEFORE
                       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                             WRIT PETITION NO. 37179 OF 2017 (GM-RES)
                      BETWEEN:

                      1.    M/S NILGIRI ENTERPRISES
                            A PARTNERSHIP FIRM REPRESENTED BY ITS
                            PARTNERS SMT.ZEENATH.M,
                            W/O SRI. MUHAMMED ALI,
                            AGED ABOUT 42 YEARS,
                            KODIMBALA-574221
                            KADABA
                            PUTTUR TALUK,
                            D.K.

                      2.    MR.MUHAMMED ALI
                            S/O LATE SRI.KAMALUDDIN,
                            AGED ABOUT 53 YEARS,
                            KODIMBALA-574221
                            KADABA
                            PUTTUR TALUK,
Digitally signed by         D.K.
R HEMALATHA                                                      ...PETITIONERS
Location: HIGH
COURT OF              (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)
KARNATAKA
                      AND:

                      1.    THE DEPUTY COMMISSIONER
                            DISTRICT MAGISTRATE,
                            DAKSHINA KANNADA,
                            MANGALURU-575001.

                      2.    THE CHIEF MANAGER/ AUTHORISED OFFICER
                            KARNATAKA BANK LIMITED,
                            ASSET RECOVERY MANAGEMENT BRANCH,
                            # 105, III FLOOR,
                            MOHAN MANSION,
                             -2-
                                         NC: 2024:KHC:21414
                                      WP No. 37179 of 2017




     KASTURBA ROAD,
     BANGALORE-560001.

3.   THE SENIOR MANAGER
     KARNATAKA BANK LIMITED,
     KADABA BRANCH,
     KADABA-574221,
     PUTTUR TALUK,
     UDUPI DISTRICT.
                                            ...RESPONDENTS
(BY SRI. MANJUNATHA K., HCGP)


     THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS ON THE FILE OF THE R-1. QUASH THE
PROCEEDINGS ON THE FILE OF THE R-1 AND THE NOTICE
DTD.16.6.2017 VIDE ANNEX-C. GRANT AN INTERIM ORDER TO
STAY THE PROCEEDINGS BEFORE THE R-1 VIDE ANNEX-C.

     THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                          ORDER

This petition is filed challenging the order passed by the learned Magistrate under Section 14 of the SARFASI Act. This Court had granted interim stay subject to petitioners depositing a sum of Rs.7,50,000/- within four weeks.

2. The petitioners have not complied with the interim order granted by this Court. Therefore, it is -3- NC: 2024:KHC:21414 WP No. 37179 of 2017 interfered that respondent No.3 must have taken possession of the subject property.

3. Accordingly, petition is dismissed as having become infructuous.

Sd/-

JUDGE HB List No.: 1 Sl No.: 7

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