Dismissed

M/S. Y.G.K. Infra India Pvt. Ltd., v. the Chief Manager/Authorized Officer

Karnataka HC8 Apr 2021WP/5749/2021

Case brief

AI extract

What is this about?

This preliminary hearing order dismissed a writ petition challenging an e-auction notice issued under the SARFAESI Act. The court observed that an alternative efficacious remedy exists before the Debts Recovery Tribunal and noted liberty was reserved for Section 17 proceedings.

What did the court decide?

The petition was dismissed with liberty to seek appropriate relief under Section 17 of the SARFAESI Act.

M/S. Y.G.K. Infra India Pvt. Ltd., Vs the Chief… — Banking and Recovery | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.5749 OF 2021 (GM-RES)

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BETWEEN :

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1 . M/S. Y.G.K. INFRA INDIA PVT. LTD.

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61, SANJJEVAPPA LANE

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AVENUE ROAD CROSS

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BENGALURU-560 002

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REP. BY ITS DIRECTOR G KESHAVA MURTHY

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2 . G KESHAVA MURTHY

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AGED ABOUT 40 YEARS S/O SRI. GANGAPPA

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61, SANJEEVAPPA LANE

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AVENUE ROAD

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BENGALURU-560 002 …PETITIONERS

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(BY SHRI. SHIVARAJU M K, ADVOCATE)

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AND :

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1 . THE CHIEF MANAGER/AUTHORIZED OFFICER CANARA BANK ARM BRNACH -1 2^ND FLOOR CIRCLE OFFICE, SPENCER TOWERS NO.86, M.G. ROAD

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BENGALURU-560 001

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2 . SMT. SWETHA NAGARAJA W/O G KESHAVA MURTHY AGED ABOUT 37 YAERS ANJANA NAGAR, ADARASHA NAGAR 1^ST CORSS, BELGUMGA ROAD

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TUMAKURU-572 103

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3 . SRI GANGAPPA S/O SRI. ANJANAPPA AGED ABOUT 70 YEARS

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ANJANA NAGAR, ADARSHA NAGAR 1^ST CROSS, BELAGUMBA ROAD TUMAURU-572 103

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4 . SRI. SATHYNARAYANAPPA AGED ABOUT 65 YEARS S/O SEETHARAMAIAH SEETHAKALLU URDIGERE HOBLI TUMAKUR TALUK AND DISTRICT-572140

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5 . T.G. SUNDANDAMMA AGED ABOUT 60 YEARS W/O SATHYANARAYANAPPA SEETHAKALLU URDIGERE HOBLI TUMAKUR TALUK AND DISTRICT-572140

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6 . SRI. APPAIAH NAGARAJ AGED ABOUT 69 YEARS S/O R APPAIAH NO.61, SANJEEVAPPA LAYOUT AVENUE ROAD CROSS BENGALURU - 560 002

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7 . SRI .CHIKKABYARANNA AGED ABOUT 68 YEARS S/O SRI. VEERANNA NO.30 GOKULA NILAYA 2^ND CROSS TUMAKURU TOWN TALUK AND DISTRICT-572 102 …RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION SALE NOTICE DTD.4.3.2021 ISSUED BY THE R-1 PROPOSING TO SELL THE PROPERTIES AS DETAILED IN THE SAID E-AUCTION NOTICE BELONGS TO THE R-2 TO 7 BY WAY IF PUBLIC AUCTION SALE VIDE ANNEXURE-DAND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner has challenged the e-auction sale notice

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dated 04.03.2021 issued under the Securitization and

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Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002('SARFAESI Act' for short).

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It is settled that a person aggrieved by the proceedings initiated under Section 13(2) of the SARFAESI Act has an alternative and efficacious remedy before the Debts Recovery Tribunal ("DRT" for short). (See United Bank of India Vs. Satyawati Tandon and others¹ ).

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In the circumstances, this petition does not merit consideration and it is accordingly dismissed reserving liberty to the petitioner to seek appropriate relief under Section 17 of the SARFAESI Act.

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If such an appeal is filed, the DRT shall hear the petitioner on merits and dispose of the same in accordance with law.

No costs.

Sd/-

JUDGE

Yn.

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1 2010 (8) SCC 110

M/S. Y.G.K. Infra India Pvt. Ltd., v. the Chief Manager/Authorized Officer

Case brief

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M/S. Y.G.K. Infra India Pvt. Ltd., v. the Chief Manager/Authorized Officer

Case brief

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