The High Court of Karnataka dismissed a writ petition filed to quash a sale notice issued by a bank under the SARFAESI Act, on the ground that the petition was withdrawn as the auction sale did not proceed.
The writ petition stood dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:36031 WP No. 21713 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 21713 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
BOTH 2ND AND 3RD PEITITONERS ARE RESIDING AT NO.364, BOOMI REDDY LAYOUT, 4TH “A” CROSS, AYYAPPA TEMPLE BACKSIDE, NEW TIPPASANDRA, BANGALORE 560075. …PETITIONERS (BY SRI. SARAVANAN G., ADVOCATE)
NC: 2023:KHC:36031 WP No. 21713 of 2023
AND:
AUTHORISED OFFICER, THE INDIAN BANK, REPRESENTED BY ITS CHIEF MANGER, (NEW THIPPASANDRA BRANCH), NO.622, 80 FEET ROAD, 12TH MAIN ROAD, HAL 2ND STAGE, BENGALURU-560008.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DATED 13/09/2023 I.E., VIDE ANNEXURE-C ISSUED BY THE RESPONDENT BANK U/R 6(2) AND 8(6) OF THE SECURITY INTEREST (ENFORCEMENT RULES) 2002 UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 IS EXCESSIVE, ILLEGAL AND UNSUSTAINABLE, AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioners submits that the
prayer made in the writ petition has become infructuous, in view of the fact that the auction sale did not go through.
The learned would therefore submit that the writ petition
may be dismissed as withdrawn.
NC: 2023:KHC:36031 WP No. 21713 of 2023
petitioners is placed on record.
as withdrawn.
Sd/JUDGE
DL CT: JL
1 issue framed by the court
Whether to dismiss the writ petition as withdrawn due to the failure of the auction sale.
2 provisions across 2 enactments
M/S. Vinayaka Handicrafts
Mr. Harish
Mrs. V Poornima
Authorised Officer, The Indian Bank
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
