The High Court of Karnataka disposed of two co-writ petitions challenging a bank's sale notice under the SARFAESI Act. As the scheduled sale date had expired, the court held the petitions infructuous.
Writ petitions disposed as having become infructuous as the date of the sale had expired.
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: 2024:KHC:13842 WP No. 1762 of 2024 C/W WP No. 2382 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1762 OF 2024 (GM-RES) C/W WRIT PETITION NO. 2382 OF 2023 (GM-RES)
IN W.P.No.1762/2024:
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
MR V JAGANATH S/O P. VENKATASWAMY, AGED ABOUT 52 YEARS, R/AT NO.17, NEAR AIRTEL TOWER, OPP. YELLAMADEVI TEMPLE, CHANDAPURA, ATTIBELE HOBLI, ANEKAL TALUK,, BENGALURU - 560 099 …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S CITY UNION BANK LTD (INCORPORATED ON OCTOBER 31,1904, AS A PUBLIC LTD., CO. UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1882), CREDIT RECOVERY AND MANAGEMENT DEPARTMENT, ADMINISTRATIVE OFFICE, NO.24-B, GANDHI NAGAR, KUMBAKONAM - 612 001, IFSC CODE: CIUB0000171, REP. BY ITS AUTHORIZED OFFICER BRANCH MANAGER …RESPONDENT (BY SRI. KARTHIK REDDY C., ADV. FOR SRI. VINAY SWAMY C., ADVOCATE)
(BY SMT. KAVITHA D., ADVOCATE)
AND:
NC: 2024:KHC:13842 WP No. 1762 of 2024 C/W WP No. 2382 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DTD 02.01.2023 VIDE ANNEX-A ISSUED BY THE RESPONDENT BANK, STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL & IN VIOLATION OF THE SARFAESI ACT, 2002 AND ETC.
IN W.P.No.2382/2023:
BETWEEN:
MR. V SUNDAR S/O P. VENKATASWAMY AGED ABOUT 55 YEARS R/AT NO.17, NEAR AIRTEL TOWER OPP. YELLAMADEVI TEMPLE CHANDAPURA, ATTIBELE HOBLI ANEKAL TALUK BENGALURU - 560 099
…PETITIONER
(BY SMT. KAVITHA D., ADVOCATE)
AND:
M/S CITY UNION BANK LTD. CREDIT RECOVERY AND MANAGEMENT DEPARTMENT ADMINISTRATIVE OFFICE NO.24-B, GANDHI NAGAR KUMBAKONAM - 612 001 REP. BY ITS AUTHORIZED OFFICER/MANAGER
…RESPONDENT
(BY SRI. KARTHIK REDDY C., ADV. FOR SRI. VINAY SWAMY C.,ADV.)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE SALE NOTICE DTD 02/01/2023 VIDE ANNEX-C C.O/REC/NPA/2022-23 ISSUED BY THE RESPONDENT BANK AND STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Smt.Kavitha D., appearing for the petitioner and the learned counsel Sri.Karthik Reddy C., for Sri.Vinay Swamy C., appearing for the respondent in both the petitions.
the representation is for a peculiar purpose, which cannot be considered, in accordance with law. Be those submissions as they are.
NC: 2024:KHC:13842 WP No. 1762 of 2024 C/W WP No. 2382 of 2023
Registry shall forthwith return the same.
Ordered accordingly.
Sd/-
JUDGE
KG
List No.: 1 Sl No.: 12
Mr V Jaganath S/o P. Venkataswamy
Mr V Sundar S/o P. Venkataswamy
M/S City Union Bank Ltd
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
