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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 01^ST DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

W.P.No.201729/2019 (GM-RES)

BETWEEN:

BHAGWAN COTTON GINNERS PRIVATE LTD.,

A COMPANY INCORPORATED UNDER THE

INDIAN COMPANIES ACT

HAVING ITS OFFICE AT 12-7-170/2

INDUSTRIAL AREA, HYDERABAD ROAD,

RAICHUR-584102.

REPRESENTED BY ITS DIRECTOR

SHRI.VIKAS S/O BHAGWAN DAS BOOB.

... PETITIONER

(BY SRI.SACHIN.M.MAHAJAN, ADVOCATE)

AND:

THE ASSISTANT GENERAL MANAGER

ASSET RECOVERY BRANCH

BANK OF MAHARASHTRA

NO.13, PAXAL TOWER, K.R.ROAD

OPP.VANI VILAS HOSPITAL

BENGALURU-560002.

... RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA

PRAYING TO A) ISSUE A WRIT OR ORDER OR

DIRECTIONS IN THE NATURE OF CERTIORARI AND

QUASH THE IMPUGNED COMMUNICATION DATED

26.03.2019 BEARING NO. AK78 / ARB / BAN /

MAHARIYAYAT / BHCOT / 2018 - 19 ISSUED BY THE

RESPONDENT VIDE ANNEXURE-E, B) ISSUE A WRIT

OR ORDER OR DIRECTION IN THE NATURE OF

MANDAMUS

DIRECTING

THE

RESPONDENT

TO

CONSIDER

THE

APPLICATION

GIVEN

BY

THE

PETITIONER ON 25.03.2019 VIDE ANNEXURE-C AND

THEREBY EXTEND THE TIME FOR DEPOSING THE

BALANCE MONEY TILL 30.06.2019 AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY

HEARING

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

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ORDER

In the instant petition, petitioner has sought for

quashing Annexure-E relating to compromise proposal

of Bhagwan Cotton Ginners Private Limited. The matter

is already pending consideration before DRT. Therefore,

grievance if any arises out of subject matter, the

petitioner has to appraise before the DRT at the first

instance. In other words, he has a statutory remedy

under SARFASI Act. Hence, writ petition is not

maintainable.

Accordingly, writ petition stands rejected.

Sd/-

JUDGE

KJJ