Smt. Vimala Bhushan vs The Authorised Officer
2021 Latest Caselaw 5954 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10TH DAY OF DECEMBER 2021

                            PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                             AND

     THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE

             W.P. NO.11218 OF 2019 (GM-DRT)

BETWEEN:

SMT. VIMALA BHUSHAN
W/O SRI. D.S. NAGABHUSAN
AGED ABOUT 70 YEARS
R/AT NO.6, SRI SRINIVASA
2ND MAIN, 3RD PHASE
J P NAGAR, BANGALORE-560 078.
                                          ... PETITIONER
(BY MR. R.S. RAVI, ADV.,)

AND:

1.    THE AUTHORISED OFFICER
      YES BANK LIMITED
      REGISTERED AND CORPORATE OFFICE
      NEHRU CENTRE 9TH FLOOR
      DISCOVERY OF INDIA
      DR. A.B. ROAD, WORLI
      MUMBAI-400 018.

2.    M/S BHUSHAN SILK HOUSE
      REP. BY ITS PROP:SMT. D S SRIDEVI
      NO.40, BHUSHAN COMPLEX
      BASAVANNA LANE
      AVENUE ROAD CROSS
      BANGALORE-560 002.
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3.   SMT. D S SRIDEVI
     W/O SRI. D N SRINIVAS
     AGED ABOUT 43 YEARS
     B-402, CASA ANSAL APARTMENTS
     1ST MAIN, 3RD PHASE
     J P NAGAR, BANGLAORE-560 078.

4.   SRI. D N SRINIVAS
     S/O SRI. D S NAGABHUSHAN
     AGED ABOUT 48 YEARS
     B-402, CASA ANSAL APARTMENTS
     1ST MAIN, 3RD PHASE
     J P NAGAR, BANGLAORE-560 078.

5.   SRI. D S NAGABHUSHAN
     S/O LATE D. SREERAMULU
     AGED ABOUT 79 YEARS
     R/AT NO.6, 2ND MAIN
     3RD PHASE, J P NAGAR
     BANGLAORE-560 078.

                                             ... RESPONDENTS
(BY MRS/MS. NANDHINI G, ADV., FOR
        MR. M.A. RAJENDRA, ADV., FOR R1-R5
        MR. AMIT DESHPANDE, ADV., FOR R1)
                            ---

      THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE
IMPUGNED ORDERS PASSED BY THE HON'BLE DRT, BANGALORE
IN S.A.NO.254/2017 ON 12.02.2018 ANNEXURE-B AND THE
ORDERS PASSED BY THE HON'BLE DEBT RECOVERY APPELLATE
TRIBUNAL IN AIR (SA) 70/2019 IN SA. 254/17, ANNEXUER-"A" ON
08.03.2019, WHICH ORDERS ARE AGAINST TO THE PRIVISIONS
OF THE ACT, LAW AND VARIOUS JUDGMENTS PASSED BY THE
COUNTRY AND ALSO AGAINST TO THE PRINCIPALS OF NATURAL
JUSTICE AND EQUITY & ETC.
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      THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP,      THIS   DAY,   ALOK    ARADHE         J.,   DELIVERED   THE
FOLLOWING:


                                  ORDER

Mr.R.S.Ravi, learned counsel for the petitioner.

Mr.Amit Deshpande, learned counsel for the

respondent No.1.

Smt.Nandhini G., learned counsel for the respondent

Nos.2 to 5.

In this petition, the petitioner has prayed for the

following reliefs:

(a) Quash/set aside the impugned orders passed by

the Hon'ble DRT, Bangalore in S.A.No.254/2017 on

12.02.2018 Annexure-B and the orders passed by the

Hon'ble Debt Recovery Appellate Tribunal in AIR (SA)

70/2019 in SA 254/2017 Annexure-A, on 08.03.2019, which

orders are against to the provisions of the Act, Law and

various judgment passed by the Country and also against to

the Principles of natural justice and equity.

(b) Pass such other orders as this Hon'ble Court

deems fit and expedient in the facts and circumstances of the

case and in the interest of justice and equity.

Learned counsel for the petitioner submits that the

matter has been settled out of Court under the one time

settlement scheme. The aforesaid statement is taken on

record.

2. In view of the aforesaid submission, nothing

survives for adjudication in this petition.

Accordingly, the petition is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV