Writ petition challenging a sale certificate issued under SARFAESI Act was dismissed as the secured application was pending before the Debt Recovery Tribunal, rendering the writ jurisdiction unnecessary at that stage.
Writ petition dismissed; petitioners directed to approach Debt Recovery Tribunal for their contentions.
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WP No. 3921 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3921 OF 2023 (GM-RES)
BETWEEN:
W/O SANJEEVA RAO P AGED ABOUT 40 YEARS R/AT LAKSHMI NILAYA,
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SRINIVASA NAGAR, CHIKKAMAGALURU-577101
(BY SRI. S. N. SAMEER, ADVOCATE)
…PETITIONERS
AND:
WP No. 3921 of 2023
2. CANARA BANK
CHIKKAMAGALURU MAIN BRANCH CHIKKAMAGALURU-577101 REPRESENTED BY ITS CHIEF MANAGER SRI. S. T. VINAY KUMAR.
…RESPONDENTS
(BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A THE SALE CERTIFICATE DATED 26/11/2021 ISSUED BY THE R-1 AND 2 CANARA BANK IN FAVOUR OF R-3 IN RESPECT OF THE PETITION SCHEDULE PROPERTY PURSUANT TO THE E AUCTION SALE NOTICE DATED 26/08/2021 ISSUED UNDER SARFAESI ACT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question a Sale Certificate issued in favour of the 3rd respondent, the auction purchaser on 26.11.2021.
WP No. 3921 of 2023
for the petitioners and Sri.Vignesh Shetty, learned Counsel appearing for the respondent Nos.1 and 2.
WP No. 3921 of 2023
23.11.2021 and the Sale Certificate was issued on 26.11.2021 and the auction purchaser is put in possession of the property and is residing in the said property.
stands dismissed .
Sd/JUDGE
DL
2 issues framed by the court
Whether this writ petition challenging the sale certificate issued under SARFAESI Act should be entertained when the secured application is pending before the Debt Recovery Tribunal.
Whether the court should exercise jurisdiction to quash the sale certificate in the presence of an ongoing arbitral/quasi-judicial proceeding.
SRI. SANJEEV RAO S/O SRI. P. SATHYAM
SMT. LAXMI P
CANARA BANK CHIKKAMAGALUR MAIN BRANCH
VIJAY KUMAR D L
M. NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
