Writ petition filed to quash sale notice and direct bank to consider OTS scheme. Court directed bank to defer auction pending loan clearance discussion and disposed of petition.
Bank to defer sale beyond three months for petitioner to submit representation on clearance time; petition disposed.
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:42999 WP No. 26435 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26435 OF 2023 (GM-RES)
BETWEEN:
SRI. UMESH SHETTY AGED ABOUT 58 YEARS S/O LATE JAGANNATH SHETTY R/O SRI MOOKAMBIKA NILAYA, POST: AMBALPADY VISHNUMURTY NAGARA PUTTUR VILLAGE KODANKOOR WARD, NITTOOR, UDUPI TALUK AND DISTRICT – 572 101.
…PETITIONER
(BY SRI. K.PRASANNA SHETTY, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:42999 WP No. 26435 of 2023
UDUPI – 576 210.
…RESPONDENTS
(BY SRI.C.VINAY SWAMY, ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE SALE NOTICE DATED 27/10/2023 ISSUED BY THE R1 BANK UNDER RULE 8(6) AND 9 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 FIXING THE DATE FOR SALE CUM AUCTION OF SCHEDULE PROPERTIES ON 29/11/2023 AT ANNEXURE-A; ii) DIRECTION TO CONSIDER THE REQUEST OF THE PETITIONER FOR OTS SCHEME.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
“(i) Issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the sale notice dated 27.10.2023 issued by the respondent No.1 bank under Rule 8(6) and 9 of the security interest (enforcement) Rules, 2002 fixing the date for sale cum auction of schedule properties on 29.11.2023 at ANNEXURE-‘A’.
(ii) Issue a writ in the nature of writ of mandamus or any other appropriate writ order or direction to consider the request of the petitioner for OTS scheme.
(iii) Grant any such other/further orders as may deem fit in the circumstances of the case;”
NC: 2023:KHC:42999 WP No. 26435 of 2023
petitioner and Sri C. Vinay Swamy, learned counsel for caveator - respondent No.1.
NC: 2023:KHC:42999 WP No. 26435 of 2023
disposed.
Ordered accordingly.
Sd/JUDGE
NVJ List No.: 2 Sl No.: 6
1 issue framed by the court
Whether the writ petition to quash the sale notice and direct consideration of OTS scheme requires disposal at the preliminary stage.
2 provisions across 2 enactments
Sri. Umesh Shetty
Canara Bank Car Street Branch Udupi
MR. Mohammed
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
