The High Court of Karnataka held the writ petition challenging a sale certificate executed by the Debt Recovery Tribunal not maintainable relying on the Union Bank of India case.
Petition disposed of; liberty reserved to approach the competent Tribunal for redressal.
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WP NO.29116 OF 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.29116 OF 2015 (GM-DRT)
BETWEEN:
…PETITIONERS
(BY SRI. NATARAJ G., ADVOCATE)
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
…RESPONDENTS
WP NO.29116 OF 2015
(BY SRI. B.H. SATHISH, ADVOCATE FOR SRI. T.P. MUTHANNA, ADVOCATE FOR C/R1; VIDE ORDER DATED 04.04.2016, NOTICE TO R2 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE CERTIFICATE DATED 04TH JUNE, 2015 EXECUTED IN FAVOUR OF THE RESPONDENT NO.2 VIDE ANNEXURE-AB; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners herein have challenged the Sale certificate dated 04th June, 2015 executed in favour of the respondent No.2 as per Annexure-AB to the writ petition.
UNION BANK OF INDIA vs. SATYAWATI TONDON &
OTHERS reported in AIR 2010 SC 3413, the present writ
WP NO.29116 OF 2015
petition is not maintainable. Accordingly, writ petition is disposed of reserving liberty to petitioners to approach the competent Tribunal for redressal of their grievance, if so
advised.
SD/JUDGE
ARK
1 issue framed by the court
Whether the writ petition challenging the sale certificate executed by the Debts Recovery Tribunal is maintainable.
Colour shows how this judgement treated each authority
Union Bank of India vs. Satyawati Tonden & OthersApplied¶25
AIR 2010 SC 3413 · Who else cites this
1 provisions across 1 enactments
Mr. B.S. Hemanth
Mrs. B.H. Swetha
Andhra Bank N.R. Road Branch
Dr. Raviraja M.E.
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
