Writ petition challenging an E-auction notification for sale of property. Court directed respondents to proceed with auction but not finalize it until the Debt Recovery Tribunal's final order is pronounced.
Directed respondents to proceed with the auction but not finalize the auction till the disposal of the case before the DRT.
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.
WP No. 308 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 308 OF 2023 (GM-KSFC)
BETWEEN:
BOTH ARE R/AT OLD NO.2 NEW NO.626, 2ND CROSS MATHIKERE BANGALORE-560054.
…PETITIONERS
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI. SOMASHEKARAIAH R. P., ADVOCATE)
AND:
BANGALORE-560052.
WP No. 308 of 2023
…RESPONDENTS
(BY SRI. P.S. MALIPATIL, ADVOCATE FOR R1 TO 3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E- AUCTION PAPER PULICATION NOTICE DT.06.12.2022 FIXING THE PUBLIC AUCTION FROM 09.01.23 TO 17.01.23 UNDER ANNEXURE-L ISSUED BY THE R1 TO 3 AND ETC.
WP No. 308 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question an E-auction Notification dated 06.02.2022 seeking to sell the property of the petitioners on 17.01.2023.
appearing for the petitioners and Sri. P.S. Mali Patil, learned counsel appearing for the respondents and have perused the material on record.
WP No. 308 of 2023
were ones without jurisdiction and permitted the petitioners to
approach the Debt Recovery Tribunal ('DRT' for short).
this Court in W.P.No.24808/2019. This comes to be disposed in terms of an order dated 25.02.2021 by the following order:
" After arguing the matter for some time, Shri Somashekharaiah, learned advocate for petitioner seeks leave to withdraw this petition with liberty to the petitioner to approach the Debts Recovery Tribunal ('DRT' for short) and prays that interim order may be extended for some time.
2. Shri Malipatil, learned advocate for respondents No.1 and 2 strongly opposes extension of interim order.
3. Records disclose that interim order has been passed on 14.06.2019 and it is in force as on this date. In the circumstances, this petition is disposed of by granting two weeks time to petitioner to approach the DRT Interim order dated 14.06.2019 shall remain in force till 12.03.2021.
No costs."
Co-ordinate Bench in W.P.No.24808/2019, the petitioners have knocked at the doors of the DRT. The DRT has heard the matter and reserved the issue for orders to be pronounced on
WP No. 308 of 2023
31.03.2023. In the interregnum, the impugned sale notice comes about.
With the aforesaid observations, the petition stands disposed.
Sd/JUDGE
SJK List No.: 1 Sl No.: 43
2 issues framed by the court
Whether the impugned E-auction notification seeking sale of petitioners' property should be quashed pending disposal of case before DRT.
Whether the discretion should be exercised to permit the auction proceedings to proceed without finalizing the auction.
1 provisions across 1 enactments
Smt Shashikala D/o Ramayya W/o Shankarnaryana
Smt Kavitha D/o Ramayya W/o Nagesh
Managing Director Karnataka State Financial Corporation
Dy. General Manager Karnataka State Financial Corporation
Asst. General Manager Karnataka State Financial Corporation
M. Nagaprashna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
