Karnataka High Court
Vishwa Bharathi Vidya Mandir vs The Authorized Officer on 5 March, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
WRIT PETITION NO.35564/2015 (GM RES)
BETWEEN:
1. VISHWA BHARATHI VIDYA MANDIR
NO. 33/1, 17TH CROSS
5TH BLOCK, RAJAJI NAGAR
BANGALORE-560010
REPRESENTED BY ITS PRESIDENT
MR. T. BALAKRISHNA
2. MR. T. BALAKRISHNA
S/O CHIKKATHAYAPPA
AGED ABOUT 58 YEARS
NO.987, 1ST BLOCK, I STAGE, 11TH MAIN
BASAVESHWARANAGAR
BANGALORE-560079.
3. DR. SULOCHANA BALAKRISHNA
W/O T. BALAKRISHNA
AGED ABOUT 55 YEARS
NO.987, 1ST BLOCK, I STAGE, 11TH MAIN
BASAVESHWARANAGAR
BANGALORE-560079.
... PETITIONERS
(BY SRI.A.S.NANJUNDAPPA, ADVOCATE)
AND:
THE AUTHORIZED OFFICER
PHOENIX ARC PRIVATE LIMITED
NO.7TH FLOOR, DANI CORPORATE PARK,
158, C.S.T. ROAD
2
KALINA, SANTACRUZ (E)
MUMBAI-400098.
... RESPONDENT
(BY SRI. A.C.AVINASH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH
THE NOTICE DT.13.8.2015 ANNX-B AS THE NOTICE IS
ILLEGAL, UNSUSTAINABLE AND NULLITY IN THE EYE OF LAW,
IN THE FACTS AND CIRCUMSTANCES OF THE CASE, AS THE
NOTICE IS ISSUED WITHOUT OBSERVING DUE PROCESS OF
LAW AND WITHOUT ISSUANCE OF POSSESSION NOTICE
UNDER RULE 8(1) AND WITHOUT PUBLICATION OF
POSSESSION NOTICE IN TWO LEADING NEWS PAPERS
UNDER RULE 8(2) OF SARFAESI ACT AND ETC.
THIS WP COMING ON FOR ORDERS, THIS DAY
THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING :
ORDER
The order of the Hon'ble Supreme Court dated 12.01.2022 in Civil appeal Nos.257-259 of 2022 (Phenoix ARC Private Limited) at para No.14 reads as follows:
"In view of the above and for the reasons stated above, present appeals succeed. The Writ petition Nos.35564 to 35566 of 2015 before the High Court are dismissed. Consequently, the ex- parte ad-interim order dated 26.08.2015 further extended by orders dated 28.02.2017 and 27.03.2018 stand vacated.
Present appeals are accordingly allowed with costs to the appellants to be paid by the original writ petitioners quantified at Rs.1 lakh in both the cases to be directly paid to the appellant within a 3 period of four weeks from today. Pending application(s), if any, also stand disposed of".
In view of the above, writ petition is dismissed.
Sd/-
JUDGE GVP