Petitioner challenged a notice to shift household articles from property sold for recovery under SARFAESI Act. Court held that questions of fact cannot be decided in writ petitions and petitioner should seek remedy in pending appeal before Debt Recovery Tribunal. Writ petition disposed of.
Writ petition disposed of; no specific relief granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2022 BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.3645 OF 2022 (GM-RES)
BETWEEN :
SMT.G.R.PADMASHREE, W/O SITARAM, AGED ABOUT 47 YEARS, R/AT NO.305, NAGARAJUNA TOWN, DODDABALLAPURA MAIN ROAD, KENCHENAHALLI GATE, YELAHANKA NEW TOWN, BENGALURU – 560 064.
... PETITIONER
(BY SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR SRI.SHARAN N MAJAGE, ADVOCATE)
AND :
UNION BANK OF INDIA, ASSET RECOVERY BRANCH, JEEVAN SAMPAIGE BUILDING, GROUND FLOOR, 2ND MAIN, SAMPAIGE ROAD, MALLESHWARAM, BENGALURU – 560 003, REPRESENTED BY ITS AUTHORIZED OFFICER.
... RESPONDENT
(BY SRI.V.B.RAVISHANKAR, ADVOCATE FOR C/R)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 8.2.2022 ISSUED BY THE RESPONDENT BANK IN NUMBER AND COPY WHICH IS PRODUCED AT ANNEXURE – A AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court
challenging Annexure-A/Notice bearing No.UBI/ARB/BNG/335/2021-22 dated 08.02.2022,
wherein the petitioner is given an opportunity to shift his household articles from the property in question which is sold for recovery under the provisions of SARFAESI Act, 2002.
the respondent-Bank files memo dated 01.04.2022
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stating that the property was sold on 26.10.2021 for sale consideration of Rs.2,82,63,000/and the petitioner is before the Debt Recovery Tribunal challenging the same in S.A.No.364/2021.
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S.A.No.364/2021, it is open for the petitioner to seek appropriate remedy in the said S.A.No.364/2021.
With the above, writ petition is disposed of.
Sd/JUDGE
RKA
3 issues framed by the court
Whether the High Court can decide questions of fact regarding household articles in premises sold under SARFAESI Act in a writ petition.
Whether the remedy lies in the pending appeal before the Debt Recovery Tribunal regarding the sale of property.
Whether the notice to shift household articles from sold property under SARFAESI Act can be quashed.
2 provisions across 2 enactments
Smt.G.R.Padmashree
Union Bank of India
S.G.Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
